EXCHANGE 


THE  GENERAL  SCHOOL  LAWS 


OF  THE 


STATE  OF  NORTH  DAKOTA 


COMPRISING  ALL  THE  LAWS  IN  FORCE 


PERTAINING  TO  PUBLIC  SCHOOLS,  STATE  EDUCATIONAL  INSTITUTIONS, 

SCHOOL  LANDS  AND  PUBLIC  LANDS  APPROPRIATED  TO 

THE  USE  OF  THE  STATE  EDUCATIONAL 

INSTITUTIONS,  WITH 


..APPENDICES.. 


COMPILED  AT  THE  OFFICE  OF  THE 

SUPERINTENDENT   OF   PUBLIC    INSTRUCTION 

January  1,  18%. 


PUBLISHED  BY,  AUTHORITY 


GRAND  FORKS,  N.  D.: 

HERALD,  STATE  PRINTERS  AND  BINDERS 
18%. 


IV  73 


THIS  VOLUME  IS   STATE  PROPERTY. 

And  is  for  the  use  of  the of 

School  District , 

County  of.  ,  State  of  North  Dakota. 


School  officers  on  retiring  from  office,  are  required  by  law  to 
deliver  this  volume,  with  all  other  books  and  documents  of  an 
official  character,  to  their  successors  in  office. 


3(55406 


OONTRNTS. 


PROVISIONS     OF    THE    ENABLING    ACT. 


Public  Schools 1 9 

School  Lands 9,  10 

Lands  for  Public  Institutions _ _ 10,  II 

CONSTITUTIONAL     PROVISIONS. 

Article     2     The  Legislative  Department 13 

Article     3     Executive    Department 13 

Article     5     Elective  Franchise 14 

Article     8     Education 14 

Article     9     School  and  Public  Lands 15 

Article   12     Public  Debt  and  Public  Works... 18 

Article   19     Public  Institutions 19 

STATUTORY   PROVISIONS. 

PART    I. — PUBLIC    SCHOOLS. 
(Chapter  9,  Political  Code.) 

Article     I     Superintendent  of  Public.  Instruction 23 

Article     2     County  Superintendent  of  Schools . 26 

Article     3     School  Districts 30 

Article     4     Election  of  School  Officers 34 

Article     5     Organization,  Meetings  and  Duties  of  District  Officers 37 

Article     6     Powers  and  Duties  of  District  School  Boards 40 

Article     7     School  Funds. ._ 46 

Article     8     Taxes... , 50 

Article     9     Vacancies 53 

Article  10     Equalization  of  Indebtedness 54 

Article   1 1     Examinations  and  Certificates 55 

Article   12     Duties  of  Teachers 59 

Article   13     Institutes,  Associations  and  Reading  Circle 61 

Article  14     Compulsory  Attendance 63 

Article   15     Fines,  Forfeitures  and  Penalties 65 

Article  16     Bonds 66 

Article  17     Special  Districts 70 

Article  18     Independent  School  Districts 81 

Article  19     Boards  of  Education  in  Certain  Cities 88 

Article  20     Free  Text  Books _  90 

Article  21     Purchase  of  Flags  for  School  Districts 91 

Article  22     State  Educational  Library 91 

Article  23     High  School  Board ._ 

Article  24     Health  and  Decency  in  Public  Schools 93 


PART   II. — EDUCATIONAL   INSTITUTIONS. 
(Chapter  10,  Political  Code.) 

Article  25     University  of  North  Dakota 94 

Article  26     Normal  Schools 101 

Article  27     North  Dakota  Academy  of  Science _ 105 

Article  28     Agricultural  College 107 

Article  29     Deaf  and  Dumb  Asylum m 

Article  30     Blind  Asylum _ 114 

Article  31     Industrial  School 116 

Article  32     Lignite  Coal  to  be  Used 118 

PART   III. — SCHOOL    AND    PUBLIC   LANDS. 
(Chapter  4,  Political  Code.) 

Article  33     Board  of  University  and  School  Lands 119 

APPENDICES. 

Appendix  A — Special   Laws 139 

Appendix  B — Laws  Pertaining  to   Speculation  in  Office  and  Penalty  for  Failure 

to  Make  Reports,  Blanks  to  be  Furnished 140 

Appendix  C — Filing  Bond  of  Treasurer 141 

Appendix  D — Bonds  for  Labor  and  Material  for  Public  Buildings 141 

Appendix  E — Digest  of  Decisions  of  Supreme  Court 142 

Appendix  F — School  Calendar 148 


INTRODUCTORY. 


This  compilation  of  the  General  School  Laws  is  authorized  by 
the  provisions  of  section  631  of  the  Political  Code,  1895,  (§  IO» 
Ch.  62,  1890,)  and  is  designed  to  include  all  the  congressional, 
constitutional  and  statutory  provisions  relating  to  education  at 
present  in  force  which,  taken  together,  make  the  laws  governing 
the  complete  school  system  of  the  State.  It  embraces  the  laws 
pertaining  to  the  public  schools,  the  State  educational  institutions, 
and  the  lands  appropriated  to  the  use  of  the  public  schools  and 
the  State  educational  institutions. 

The  compilation  contains  all  general  laws  in  full  as  revised  in 
the  code.  Special  acts  are  referred  to  by  title  only. 

All  laws  herein  contained  are  in  full  force  and  effect  from  and 
after  January  I,  1896. 

Special  laws,  designated  by  title  only,  laws  pertaining  to  specu- 
lation in  office  and  to  penalty  for  failure  to  make  reports,  the 
filing  of  bond  of  school  district  treasurer,  bonds  for  labor  and 
material  for  public  buildings  and  the  decisions  of  the  Supreme 
Court  of  the  Territory  of  Dakota  and  of  the  State  of  North 
Dakota  pertaining  to  school  matters  are  to  be  found  in  the 
appendices. 

A  calendar  will  also  be  found  in  the  appendices  which  may  be 
of  assistance  to  school  officers  in  the  timely  discharge  of  their 
duties. 

EMMA  F.  BATES, 

Superintendent  of  Public  Instruction. 

Department  of  Public  Instruction,  State  of  North  Dakota, 
Bismarck,  January   1st,    1896. 


GENERAL  SCHOOL  LAWS 

OF  THE 

STATE  OF  NORTH  DAKOTA, 


PROVISIONS  OF  THE  ENABLING  ACT. 


§  4-  *  And  said  (constitutional)  conventions 

shall  provide  by  ordinances  irrevocable  without  the  consent  of 
the  United  States  and  the  people  of  said  states:  *  *  * 

Fourth.  That  provisions  shall  be  made  for  the  establishment 
and  maintenance  of  systems  of  public  schools,  which  shall  be 
open  to  all  children  from  said  states,  and  free  from  sectarian 
control. 

§  10.  That  upon  the  admission  of  each  of  said  states  into  the 
Union,  sections  numbered  16  and  36  in  every  township  of  said 
proposed  states,  and  where  such  sections  or  any  parts  thereof  have 
been  sold  or  otherwise  disposed  of  by  or  under  the  authority  of 
any  act  of  Congress,  other  lands  equivalent  thereto,  in  legal  sub- 
divisions of  not  less  than  one-quarter  section,  and  as  contiguous 
as  may  be  to  the  section  in  lieu  of  which  the  same  is  taken,  are 
hereby  granted  to  said  states  for  the  support  of  common  schools, 
such  indemnity  lands  to  be  selected  within  said  states  in  such 
manner  as  the  legislature  may  provide,  with  the  approval  of  the 
Secretary  of  the  Interior;  Provided,  That  the  sixteenth  and  thirty- 
sixth  sections  embraced  in  permanent  reservations  for  national 
purposes  shall  not,  at  any  time,  be  subject  to  the  grants  nor  to 
the  indemnity  provisions  of  this  act,  nor  shall  any  lands  embraced 
in  Indian,  military  or  other  reservations  of  any  character,  be  sub- 
ject to  the  grants  or  to  the  indemnity  provisions  of  this  act  until 
the  reservation  shall  have  been  extinguished  and  such  lands  be 
restored  to,  and  become  a  part  of  the  public  domain. 

§  ii.  That  all  lands  herein  granted  for  educational  purposes 
shall  be  disposed  of  only  at  public  sale,  and  at  a  price  not  less 
than  ten  (10)  dollars  per  acre,  the  proceeds  to  constitute  a  per- 
manent school  fund,  the  interest  of  which  only  shall  be  expended 

s.  L. — 2. 


10  GENERAL    SCHOOL    LAWS, 

in  the  support  of  said  schools.  But  said  lands  may,  under  such 
regulation  as  the  Legislature  shall  prescribe,  be  leased  for  periods 
of  not  more  than  five  years,  in  quantities  not  exceeding  one  sec- 
tion to  any  one  person  or  company;  and  such  lands  shall  not  be 
subject  to  pre-emption,  homestead  entry,  or  any  other  entry  under 
the  land  laws  of  the  United  States,  whether  surveyed  or  unsur- 
veyed,  but  shall  be  reserved  for  school  purposes  only. 

§  13.  That  5  per  centum  of  the  proceeds  of  the  sales  of  public 
lands  lying  within  said  states  which  shall  be  sold  by  the  United 
States  subsequent  to  the  admission  of  said  states  into  the  Union, 
after  deducting  all  the  expenses  incident  to  the  same,  shall  be 
paid  to  the  said  states,  to  be  used  as  a  permanent  fund,  the  interest 
of  which  only  shall  be  expended  for  the  support  of  common 
schools  within  said  states,  respectively. 

§  14.  That  the  lands  granted  to  the  Territories  of  Dakota  and 
Montana  by  the  act  of  February  18,  1881,  entitled  "An  Act  to 
Grant  Lands  to  Dakota,  Montana,  Arizona,  Idaho  and  Wyoming 
for  University  Purposes,"  are  hereby  vested  in  the  States  of  South 
Dakota,  North  Dakota  and  Montana,  respectively,  if  such  states 
are  admitted  into  the  Union  as  provided  in  this  act,  to  the  extent 
of  the  full  quantity  of  seventy-two  sections  to  each  of  said  states, 
and  any  portion  of  said  lands  that  may  not  have  been  selected 
by  either  of  said  Territories  of  Dakota  or  Montana  may  be 
selected  by  the  respective  states  aforesaid;  but  said  act  of  Feb- 
ruary 18,  1881,  shall  be  so  amended  as  to  provide  that  none  of 
said  lands  shall  be  sold  for  less  than  ten  (10)  dollars  per  acre, 
and  the  proceeds  shall  constitute  a  permanent  fund  to  be  safely 
invested  and  held  by  said  states  severally,  and  the  income  thereof 
to  be  used  exclusively  for  university  purposes. 
None  of  the  lands  granted  in  this  section  shall  be  sold  for  less 
than  ten  (10)  dollars  per  acre;  but  said  lands  may  be  leased  in 
the  same  manner  as  provided  in  Section  n  of  this  act.  The 
schools,  colleges  and  universities  provided  for  in  this  act  shall 
forever  remain  under  the  exclusive  control  of  said  states,  respect- 
ively, and  no  part  of  the  proceeds  arising  from  the  sale  or  disposal 
of  any  lands  herein  granted  for  educational  purposes  shall  be 
used  for  the  support  of  any  sectarian  or  denominational  school, 
college  or  university. 

§  16.  That  90,000  acres  of  land  to  be  selected  and  located  as 
provided  in  Section  10  of  this  act,  are  hereby  granted  to  each  of 
said  states  except  to  the  State  of  South  Dakota,  to  which  120,000 
acres  are  granted,  for  the  use  and  support  of  agricultural  colleges 
in  said  states,  as  provided  in  the  acts  of  Congress  making  dona- 
tions of  lands  for  such  purposes. 

§  17.  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal 
improvement  made  to  new  states  by  the  eighth  section  of  the  act 
of  September  4,  1841,  which  act  is  hereby  repealed  as  to  the  states 
provided  for  by  this  act,  and  in  lieu  of  any  claim  or  demand  by 
the  said  states,  or  either  of  them,  under  the  act  of  September  28, 


NORTH    DAKOTA.  I  I 


1850,  and  Section  2479  of  the  Revised  Statutes,  making  a  grant  of 
swamp  and  overflowed  lands  to  'certain  states,  which  grant  it  is 
hereby  declared  is  not  extended  to  the  states  provided  for  in  this 
act,  and  in  lieu  of  any  grant  of  saline  lands  to  said  states,  the  fol- 
lowing grants  of  land  are  hereby  made,  to-wit: 

To  the  State  of  South  Dakota:  For  the  School  of  Mines,  40,- 
ooo  acres;  for  the  Reform  School,  40,000  acres;  for  the  Deaf  and 
Dumb  Asylum,  40,000  acres;  for  the  Agricultural  College,  40,000 
acres;  for  the  University,  40,000  acres;  for  the  State  Normal 
Schools,  80,000  acres;  for  public  buildings  at  the  capital  of  said 
State,  50,000  acres,  and  for  such  other  educational  and  charitable 
purposes  as  the  Legislature  of  said  State  may  determine,  170,000 
acres,  in  all,  500,000  acres. 

To  the  State  of  North  Dakota  a  like  quantity  of  land  as  is  in 
this  section  granted  to  the  State  of  South  Dakota,  and  to  be  for 
like  purposes,  and  in  like  proportion  as  far  as  practicable.  * 
That  the  states  provided  for  in  this  act  shall  not  be 
entitled  to  any  further  or  other  grants  of  land  for  any  purpose 
than  as  expressly  provided  for  in  this  act.  The  lands  granted  by 
this  section  shall  be  held,  appropriated  and  disposed  of  exclu- 
sively for  the  purposes  herein  mentioned,  in  such  manner  as  the 
Legislatures  of  the  respective  states  may  severally  provide. 

§  1 8.  That  all  mineral  lands  shall  be  exempted  from  the  grants 
of  this  act.  But  if  sections  16  and  36,  or  any  subdivision  or  por- 
tion of  any  smallest  subdivision  thereof  in  any  township  shall  be 
found  by  the  Department  of  the  Interior  to  be  mineral  lands, 
said  states  are  hereby  authorized  and  empowered  to  select,  in 
legal  subdivisions,  an  equal  quantity  of  other  unappropriated 
lands  in  said  states,  in  lieu  thereof,  for  the  use  and  the  benefit  of 
the  common  schools  of  said  states. 

§  19.  That  all  lands  granted  in  quantity  or  as  indemnity  by 
this  act  shall  be  selected,  under  the  direction  of  the  Secretary  of  the 
Interior,  from  the  surveyed,  unreserved  and  unappropriated  public 
lands  of  the  United  States  within  the  limits  of  the  respective 
states  entitled  thereto.  And  there  shall  be  deducted  from  the 
number  of  acres  of  land  donated  by  this  act  for  specific  objects 
to  said  states  the  number  of  acres  in  each  heretofore  donated  by 
Congress  to  said  territories  for  similar  objects. 


CONSTITUTIONAL  PROVISIONS. 

(Adopted  October  I,  1889.) 


PREAMBLE. 

We,  the  people  of  North  Dakota,  grateful  to  Almighty  God 
for  the  blessings  of  civil  and  religious  liberty,  do  ordain  and 
establish  this  Constitution. 

ARTICLE  II. 

THE  LEGISLATIVE  DEPARTMENT. 

§  69.     The  Legislative  Assembly  shall  not  pass  local  or  special 

laws  in  any  of  the  following  enumerated  cases,  that  is  to  say: 

*  *  *  *  *  * 

12.     Providing  for  the  management  of  common  schools. 
ARTICLE  III. 

EXECUTIVE  DEPARTMENT. 

§  82.  There  shall  be  chosen  by  the  qualified  electors  of  the 
State  at  the  time  and  places  of  choosing  members  of  the  Legis- 
lative Assembly  a  *  *  *  Superintendent  of  Public 
Instruction,  *  *  who  shall  have  attained  the  age 

of  twenty-five  years,  shall  be  a  citizen  of  the  United  States,  and 
shall  have  the  qualifications  of  State  electors.  They  shall  sev- 
erally hold  their  offices  at  the  seat  of  government  for  the  term  of 

two  years  and  until  their  successors  are  elected  and  duly  qualified. 

****** 

§  83.  The  powers  and  duties  of  the  *  *  Superin- 
tendent of  Public  Instruction,  *  shall  be  as  prescribed 
by  law. 

§  84.  Until  otherwise  provided  by  law,  the  *  *  * 
Superintendent  of  Public  Instruction  shall  each 

receive  an  annual  salary  of  $2,000;  *  *  but  the  salaries 
of  any  of  the  said  officers  shall  not  be  increased  or  diminished 
during  the  period  for  which  they  shall  have  been  elected,  and  all 
fees  and  profits  arising  from  any  of  the  said  offices  shall  be 
covered  into  the  State  Treasury. 


14  GENERAL    SCHOOL    LAWS, 

ARTICLE  V. 

ELECTIVE  FRANCHISE. 

§  121.  Every  male  person  of  the  age  of  twenty-one  years  or 
upwards  belonging  to  either  of  the  following  classes,  who  shall 
have  resided  in  the  State  one  year,  in  the  county  six  months  and 
in  the  precinct  ninety  days  next  preceding  any  election,  shall  be 
deemed  a  qualified  elector  at  such  election. 

First—  Citizens  of  the  United  States. 

Second — Persons  of  foreign  birth  who  shall  have  declared  their 
intention  to  become  citizens  one  year  and  not  more  than  six  years 
prior  to  such  election,  conformably  to  the  naturalization  laws  of 
the  United  States. 

Third — Civilized  persons  of  Indian  descent  who  shall  have 
severed  their  tribal  relation  two  years  next  preceding  such 
election. 

§  123.  Electors  shall  in  all  cases  except  treason,  felony, 
breach  of  the  peace  or  illegal  voting,  be  privileged  from  arrest 
on  the  days  of  election  during  their  attendance  at,  going  to  and 
returning  from  such  election,  and  no  elector  shall  be  obliged  to 
perform  military  duty  on  the  day  of  election  except  in  time  of 
war  or  public  danger. 

§  125.  No  elector  shall  be  deemed  to  have  lost  his  residence 
in  this  State  by  reason  of  his  absence  on  business  of  the  United 
States  or  of  this  State,  or  in  the  military  or  naval  service  of  the 
United  States. 

§  126.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of 
the  United  States  shall  be  deemed  a  resident  of  this  State  in  con- 
sequence of  his  being  stationed  therein. 

§  127.  No  person  who  is  under  guardianship,  non  compos  mentis 
or  insane,  shall  be  qualified  to  vote  at  any  election,  nor  shall  any 
person  convicted  of  treason  or  felony,  unless  restored  to  civil 
rights. 

§  128.  Any  woman  having  qualifications  enumerated  in  Sec- 
tion 121  of  this  article  as  to  age,  residence  and  citizenship,  and 
including  those  now  qualified  by  the  laws  of  the  Territory,  may 
vote  for  all  school  officers,  and  upon  all  questions  pertaining 
solely  to  school  matters,  and  be  eligible  to  any  school  office. 

§  129.  All  elections  by  the  people  shall  be  by  secret  ballot 
subject  to  such  regulations  as  shall  be  provided  by  law. 

ARTICLE  VIII. 

EDUCATION. 

§  147.  A  high  degree  of  intelligence,  patriotism,  integrity  and 
morality  on  the  part  of  every  voter  in  a  government  by  the  people 
being  necessary  in  order  to  insure  the  continuance  of  that  gov- 
ernment and  the  prosperity  and  happiness  of  the  people,  the 


NORTH     DAKOTA.  15 


Legislative  Assembly  shall  make  provision  for  the  establishment 
and  maintenance  of  a  system  of  public  schools  which  shall  be 
open  to  all  children  of  the  State  of  North  Dakota,  and  free  from 
sectarian  control.  The  legislative  requirement  shall  be  irrevocable 
without  the  consent  of  the  United  States  and  the  people  of  North 
Dakota. 

§  148.  The  Legislative  Assembly  shall  provide  at  its  first  ses- 
sion after  the  adoption  of  this  Constitution  for  a  uniform  system 
of  free  public  schools  throughout  the  State;  beginning  with  the 
primary  and  extending  through  all  grades  up  to  and  including  the 
normal  and  collegiate  course. 

§  149.  In  all  schools  instruction  shall  be  given  as  far  as  practi- 
cable in  those  branches  of  knowledge  that  tend  to  impress  upon 
the  mind  the  vital  importance  of  truthfulness,  temperance,  purity, 
public  spirit,  and  respect  for  honest  labor  of  every  kind. 

§  150.  A  superintendent  of  schools  for  each  county  shall  be 
elected  every  two  years,  whose  qualifications,  duties,  powers  and 
compensation  shall  be  fixed  by  law. 

§  151.  The  Legislative  Assembly  shall  take  such  other  steps 
as  may  be  necessary  to  prevent  illiteracy,  secure  a  reasonable 
degree  of  uniformity  in  course  of  study  and  to  promote  industrial, 
scientific  and  agricultural  improvement. 

§  152.  All  colleges,  universities  and  other  educational  institu- 
tions, for  the  support  of  which  lands  have  been  granted  to  this 
State,  or  which  are  supported  by  a  public  tax,  shall  remain  under 
the  absolute  and  exclusive  control  of  the  State.  No  money 
raised  for  the  support  of  the  public  schools  of  the  State  shall  be 
appropriated  to  or  used  for  the  support  of  any  sectarian  school. 

ARTICLE  IX. 

SCHOOL  AND  PUBLIC  LANDS. 

§  153.  All  proceeds  of  the  public  lands  that  have  heretofore 
been  or  may  hereafter  be  granted  by  the  United  States  for  the 
support  of  the  common  schools  in  this  State;  all  such  per  centum 
as  may  be  granted  by  the  United  States  on  the  sale  of  public 
lands;  the  proceeds  of  property  that  shall  fall  to  the  State  by 
escheat;  the  proceeds  of  all  gifts  and  donations  to  the  State  for 
common  schools,  or  not  otherwise  appropriated  by  the  terms  of 
the  gift,  and  all  other  property  otherwise  acquired  for  common 
schools,  shall  be  and  remain  a  perpetual  fund  for  the  maintenance 
of  the  common  schools  of  the  State.  It  shall  be  deemed  a  trust 
fund,  the  principal  of  which  shall  forever  remain  inviolate,  and 
may  be  increased  but  never  diminished.  The  State  shall  make 
good  all  losses  thereof. 

§  154.  The  interest  and  income  of  this  fund,  together  with  the 
net  proceeds  of  all  fines  for  violation  of  State  laws,  and  all  other 
sums  which  may  be  added  thereto  by  law,  shall  be  faithfully  used 


l6  GENERAL  SCHOOL  LAWS, 

and  applied  each  year  for  the  benefit  of  the  common  schools  of 
the  State,  and  shall  be  for  this  purpose  apportioned  among  and 
between  all  the  several  common  school  corporations  of  the  State 
in  proportion  to  the  number  of  children  in  each  of  school  age,  as 
may  be  fixed  by  law,  and  no  part  of  the  fund  shall  ever  be 
diverted  even  temporarily  from  this  purpose,"  or  used  for  any 
other  purpose  whatever  than  the  maintenance  of  common  schools 
for  the  equal  benefit  of  all  the  people  of  the  State;  Provided, 
however,  That  if  any  portion  of  the  interest  or  income  aforesaid 
be  not  expended  during  any  year,  said  portion  shall  be  added  to 
and  become  a  part  of  the  school  fund. 

§  155.  After  one  year  from  the  assembling  of  the  First  Legis- 
lative Assembly,  the  lands  granted  to  the  State  from  the  United 
States  for  the  support  of  the  common  schools,  may  be  sold  upon 
the  following  conditions,  and  no  other:  No  more  than  one-fourth 
of  all  such  lands  shall  be  sold  within  the  first  five  years  after  the 
same  become  saleable  by  virtue  of  this  section.  No  more  than 
one-half  of  the  remainder  within  ten  years  after  the  same  become 
saleable  as  aforesaid.  The  residue  may  be  sold  at  any  time  after 
the  expiration  of  said  ten  years.  The  Legislative  Assembly 
shall  provide  for  the  sale  of  all  school  lands  subject  to  the  pro- 
visions of  this  article.  The  coal  lands  of  the  State  shall  never  be 
sold,  but  the  Legislative  Assembly  may  by  general  laws  provide 
for  leasing  of  the  same;  the  words  "coal  lands"  shall  include 
lands  bearing  lignite  coal. 

§  156.  The  Superintendent  of  Public  Instruction,  Governor, 
Attorney  General,  Secretary  of  State  and  State  Auditor  shall  con- 
stitute a  board  of  commissioners,  which  shall  be  denominated  the 
"Board  of  University  and  School  Lands,"  and  subject  to  the  pro- 
visions of  this  article  and  any  law  that  may  be  passed  by  the 
Legislative  Assembly,  said  board  shall  have  control  of  the 
appraisement,  sale,  rental  and  disposal  of  all  school  and  univer- 
sity lands,  and  shall  direct  the  investment  of  the  funds  arising 
therefrom  in  the  hands  of  the  State  Treasurer,  under  the  limita- 
tions of  Section  160  of  this  article. 

§  157.  The  county  superintendent  of  common  schools,  the 
chairman  of  the  county  board  and  the  county  auditor  shall  con- 
stitute boards  of  appraisal,  and  under  the  authority  of  the  State 
Board  of  University  and  School  Lands  shall  appraise  all  school 
lands  within  their  respective  counties,  which  they  may  from  time 
to  time  recommend  for  sale  at  their  actual  value,  under  the  pre- 
scribed terms,  and  shall  first  select  and  designate  for  sale  the  most 
valuable  lands. 

§  158.  No  land  shall  be  sold  for  less  than  the  appraised  value, 
and  in  no  case  for  less  than  ten  (10)  dollars  per  acre.  The  pur- 
chaser shall  pay  one-fifth  of  the  price  in  cash,  and  the  remaining 
four-fifths  as  follows:  One-fifth  in  five  years,  one-fifth  in  ten  years, 
one-fifth  in  fifteen  years  and  one-fifth  in  twenty  years,  with  interest 
at  the  rate  of  not  less  than  6  per  centum,  payable  annually  in 


NORTH    DAKOTA.  1 7 


advance.  All  sales  shall  be  held  at  the  county  seat  of  the  county 
in  which  the  land  to  be  sold  is  situate,  and  shall  be  at  public 
auction,  and  to  the  highest  bidder,  after  sixty  days'  advertisement 
of  the  same  in  a  newspaper  of  general  circulation  in  the  vicinity 
of  the  lands  to  be  sold,  and  one  at  the  seat  of  government. 
Such  lands  as  shall  not  have  been  specially  subdivided  shall  be 
offered  in  tracts  of  one-quarter  section,  and  those  so  subdivided 
in  the  smallest  subdivisions.  All  lands  designated  for  sale  and 
not  sold  within  two  years  after  appraisal  shall  be  reappraised 
before  they  are  sold.  No  grant  or  patent  for  any  such  lands  shall 
issue  until  payment  is  made  for  the  same;  Provided,  That  the  lands 
contracted  to  be  sold  by  the  State  shall  be  subject  to  taxation 
from  the  date  of  such  contract.  In  case  the  taxes  assessed 
against  any  of  said  lands  for  any  year  remain  unpaid  until  the 
the  first  Monday  in  October  of  the  following  year,  then  and 
thereupon  the  contract  of  sale  for  such  lands  shall  become  null 
and  void. 

§  159.  All  lands,  money  or  other  property,  donated,  granted 
or  received  from  the  United  States  or  any  other  source  .for  a 
university,  school  of  mines,  reform  school,  agricultural  college, 
deaf  and  dumb  asylum,  normal  school,  or  other  .educational  or 
charitable  institution  or  purpose,  and  the  proceeds  of  all  such 
lands  and  other  property  so  received  from  any  source,  shall  be 
and  remain  perpetual  funds,  the  interest  and  income  of  which 
together  with  the  rents  of  all  such  lands  as  may  remain  unsold, 
shall  be  inviolably  appropriated  and  applied  to  the  specific  objects 
of  the  original  grants  or  gifts.  The  principal  of  every  such  fund 
may  be  increased  but  shall  never  be  diminished,  and  the  interest  and 
income  only  shall  be  used.  Every  such  fund  shall  be  deemed  a 
trust  fund  held  by  the  State,  and  the  State  shall  make  good  all 
losses  thereof. 

§  160.  All  lands  mentioned  in  the  preceding  section  shall  be 
appraised  and  sold  in  the  same  manner  and  under  the  same  limi- 
tations and  subject  to  all  the  conditions  as  to  price  and  sale  as 
provided  above  for  the  appraisal  and  sale  of  lands  for  the  benefit 
of  common  schools;  but  a  distinct  and  separate  account  shall  be 
kept  by  the  proper  officers  of  each  of  said  funds;  Provided,  That 
the  limitations  as  to  the  time  in  which  school  land  may  be  sold  shall 
apply  only  to  lands  granted  for  the  support  of  common  schools. 

§  161.  The  Legislative  Assembly  shall  have  authority  to  pro- 
vide by  law  for  the  leasing  of  lands  granted  to  the  State  for 
educational  and  charitable  purposes;  but  no  such  law  shall 
authorize  the  leasing  of  said  lands  for  a  longer  period  than  five 
years.  Said  land  shall  only  be  leased  for  pasturage  and  meadow 
purposes,  and  at  a  public  auction  after  notice  as  heretofore  pro- 
vided in  case  of  sale;  Provided,  That  all  of  said  school  lands 
now  under  cultivation  may  be  leased  at  the  discretion  and  under 
the  control  of  the  Board  of  University  and  School  Lands,  for 


l8  GENERAL    SCHOOL    LAWS, 

other  than  pasturage  and  meadow  purposes  until  sold.  All  rents 
shall  be  paid  in  advance. 

§  162.  The  moneys  of  the  permanent  school  fund  and  other 
educational  funds  shall  be  invested  only  in  bonds  of  school  cor- 
porations within  the  State,  bonds  of  the  United  States,  bonds  of 
the  State  of  North  Dakota,  or  in  first  mortgages  on  farm  lands  in 
the  State  not  exceeding  in  amount  one-third  of  the  actual  value 
of  any  subdivision  on  which  the  same  may  be  loaned,  such  value 
to  be  determined  by  the  board  of  appraisers  of  school  lands. 

§  163.  No  law  shall  ever  be  passed  by  the  Legislative  Assem- 
bly granting  to  any  person,  corporation  or  association  any 
privileges  by  reason  of  the  occupation,  cultivation  or  improve- 
ment of  any  public  land  by  said  person,  corporation  or  association 
subsequent  to  the  survey  thereof  by  the  general  government. 
No  claim  for  the  occupation,  cultivation  or  improvement  of  any 
public  lands  shall  ever  be  recognized,  nor  shall  such  occupation, 
cultivation  or  improvement  of  any  public  lands  ever  be  used 
to  diminish,  either  directly  or  indirectly,  the  purchase  price  of 
said  lands. 

§  165.  The  Legislative  Assembly  shall  pass  suitable  laws  for 
the  safe-keeping,  transfer  and  disbursement  of  the  school  funds; 
and  shall  require  all  officers  charged  with  the  same  or  the  safe  keep- 
ing thereof  to  give  ample  bonds  for  all  moneys  and  funds  received 
by  them,  and  if  any  of  said  officers  shall  convert  to  his  own  use 
in  any  manner  or  form,  or  shall  loan  with  or  without  interest  or 
shall  deposit  in  his  own  name,  or  otherwise  than  in  the  name  of 
the  State  of  North  Dakota,  or  shall  deposit  in  any  banks  or  with 
any  person  or  persons,  or  exchange  for  other  funds  or  property 
any  portion  of  the  school  funds  aforesaid,  or  purposely  allow  any 
portion  of  the  same  to  remain  in  his  own  hands  uninvested  except 
in  the  manner  prescribed  by  law,  every  such  act  shall  constitute 
an  embezzlement  of  so  much  of  the  aforesaid  school  funds  as 
shall  be  thus  taken  or  loaned,  or  deposited,  or  exchanged,  or 
withheld,  and  shall  be  a  felony;  and  any  failure  to  pay  over,  pro- 
duce or  account  for  the  State  school  funds  or  any  part  of  the 
same  intrusted  to  any  such  officer,  as  by  law  required  and  demanded, 
shall  be  held  and  be  taken  to  be  prima  facie  evidence  of  such 
embezzlement. 

ARTICLE  XII. 

PUBLIC  DEBT  AND  PUBLIC  WORKS. 

§  183.  The  debt  of  any  county,  township,  town,  school  district, 
or  any  other  political  subdivision,  shall  never  exceed  five  (5)  per 
centum  upon  the  assessed  value  of  the  taxable  property  therein. 
*  *  *  In  estimating  the  indebtedness  which  a  city, 
county,  township,  school  district  or  any  other  political  subdivision 
may  incur,  the  entire  amount  of  existing  indebtedness,  whether 


NORTH  DAKOTA. 


contracted  prior  or  subsequent  to  the  adoption  of  this  Constitu- 
tion, shall  be  included;  *  *  *  All  bonds  or  obliga- 
tions in  excess  of  the  amount  of  indebtedness  permitted  by  this 
constitution,  given  by  any  city,  county,  township,  town,  school 
district,  or  any  other  political  subdivision,  shall  be  void. 

§  184.  Any  city,  county,  township,  town,  school  district,  or 
any  other  political  subdivision  incurring  indebtedness  shall,  at  or 
before  the  time  of  so  doing,  provide  for  the  collection  of  an 
annual  tax  sufficient  to  pay  the  interest  and  also  the  principal 
thereof  when  due,  and  all  laws  or  ordinances  providing  for  the 
payment  of  the  interest  or  principal  of  any  debt  shall  be  irre- 
pealable  until  such  debt  is  paid. 

§  185.  Neither  the  State  nor  any  county,  city,  township,  town 
school  district  or  any  other  political  subdivision  shall  loan  or 
give  its  credit  or  make  donations  to  or  in  aid  of  any  individual, 
association  or  corporation,  except  for  necessary  support  of  the 
poor,  nor  subscribe  to  or  become  the  owner  of  the  capital  stock 
of  any  association  or  corporation, 

§  186.  *  *  *  No  bills,  claims,  accounts  or 

demands  against  the  State,  or  any  county  or  other  political  subdi- 
vision, shall  be  audited,  allowed  or  paid  until  a  full  itemized 
statement  in  writing  shall  be  filed  with  the  officer  or  officers 
whose  duty  it  may  be  to  audit  the  same. 

§  187.  *  *  *  *  No  bond  or  evidence  of  debt 

of  any  county,  or  bond  of  any  township  or  other  political  subdi- 
vision, shall  be  valid  unless  the  same  have  indorsed  thereon 
a  certificate  signed  by  the  county  auditor,  or  other  officer  author- 
ized by  law  to  sign  such  certificate,  stating  that  said  bond,  or 
evidence  of  debt,  is  issued  pursuant  to  law  and  is  within  the  debt 
limit. 

ARTICLE  XIX. 

PUBLIC  INSTITUTIONS. 

§  215.  The  following  public  institutions  of  the  State  are  per- 
manently located  at  the  places  hereinafter  named,  each  to  have 
the  lands  specifically  granted  to  it  by  the  United  States  in  the  act 
of  Congress  approved  February  22,  1889,  to  De  disposed  of  and 
used  in  such  manner  as  the  Legislative  Assembly  may  prescribe, 
subject  to  the  limitations  provided  in  the  article  on  school  and 
public  lands  contained  in  this  Constitution: 

Second— The  State  University  and  the  School  of  Mines  at  the 
city  of  Grand  Forks,  in  the  county  of  Grand  Forks. 

Third — The  Agricultural  College  at  the  city  of  Fargo,  in  the 
county  of  Cass. 

Fourth — A  State  Normal  School  at  the  city  of  Valley  City,  in 
the  county  of  Barnes;  and  the  Legislative  Assembly  in  apportion- 
ing the  grant  of  80,000  acres  of  land  for  Normal  Schools  made  in 


20  GENERAL    SCHOOL    LAWS, 

the  act  of  Congress  referred  to,  shall  grant  to  the  said  Normal 
School  at  Valley  City  aforementioned  50,000  acres,  and  said 
lands  are  hereby  appropriated  to  said  institution  for  that  purpose. 
Fifth — The  Deaf  and  Dumb  Asylum  at  the  city  ot  Devils  Lake 
in  the  county  of  Ramsey. 
******* 

Seventh — A  State  Normal  School  at  the  city  of  Mayville  in  the 
county  of  Traill;  and  the  Legislative  Assembly  in  apportioning 
the  grant  of  land  made  by  Congress  in  the  act  aforesaid  for  State 
Normal  schools,  shall  assign  30,000  acres  to  the  institution  hereby 
located  at  Mayville,  and  said  lands  are  hereby  appropriated  for 
said  purpose.  *  *  * 

§  216.  The  following  named  public  institutions  are  hereby 
permanently  located  as  hereinafter  provided,  each  to  have  so 
much  of  the  remaining  grant  of  170,000  acres  of  land  made  by  the 
United  States  for  "other  educational  and  charitable  institutions," 
as  is  allotted  by  law,  viz.: 

Second — A  Blind  Asylum,  or  such  other  institution  as  the 
Legislative  Assembly  may  determine,  at  such  place  in  the  county 
of  Pembina  as  the  qualified  electors  of  said  county  may  deter- 
mine at  an  election  to  be  held  as  prescribed  by  the  Legislative 
Assembly,  with  a  grant  of  30,000  acres. 

Third — An  Industrial  School  and  School  for  Manual  Training, 
or  such  other  educational  or  charitable  institution  as  the  Legislative 
Assembly  may  provide,  at  the  town  of  Ellendale,  in  the  county 
of  Dickey,  with  a  grant  of  40,000  acres. 

Fourth — A  School  of  Forestry,  or  such  other  institution  as  the 
Legislative  Assembly  may  determine,  at  such  place  in  one  of  the 
counties  of  McHenry,  Ward,  Bottineau,  or  Roletteas  the  electors 
of  said  counties  may  determine  by  an  election  for  that  purpose, 
to  be  held  as  provided  by  the  Legislative  Assembly. 

Fifth — A  Scientific  School,  or  such  other  educational  or  charit- 
able institution  as  the  Legislative  Assembly  may  prescribe,  at  the 
city  of  Wahpeton,  county  of  Richland,  with  a  grant  of  40,000 
acres;  Provided,  That  no  other  institution  of  a  character  similar 
to  any  one  of  those  located  by  this  article  shall  be  established 
or  maintained  without  a  revision  of  this  Constitution. 


STATUTORY  PROVISIONS. 


PART  I.— PUBLIC  SCHOOLS. 

Article  Section. 

1.  Superintendent  of  Public  Instruction . 1-16 

2.  County  Superintendent  of  Schools !7~36 

3.  School  Districts 37-48 

4.  Election  of  School  Officers . 49~57 

5.  Organization,  Meetings  and  Duties  of  District  Officers 58-69 

6.  Powers  and  Duties  of  District  School  Boards 70-88 

7.  School  Funds 89-99 

8.  Taxes... ...100-104 

9.  Vacancies 105-109 

10.  Equalization  of  Indebtedness •_ 110-114 

n.  Examinations  and  Certificates . 115-124 

12.  Duties  of  Teachers 125-133 

13.  Institutes,  Associations  and  Reading  Circle 134-137 

14.  Compulsory  Attendance 138-143 

15.  Fines,  Forfeitures  and  Penalties I 144-153 

16.  Bonds 154-163 

17.  Special  Districts _        164-206 

1 8.  Independent  School  Districts 207-234 

19.  Boards  of  Education  in  Certain  Cities . 235-241 

20.  Free  Text  Books 242-243 

2 1 .  Purchase  of  Flags  for  School  Districts 244 

22.  State  Educational  Library 245 

23.  High  School  Board 246-252 

24.  Health  and  Decency  in  Public  Schools 253 

PART  II.— EDUCATIONAL  INSTITUTIONS. 

25.  University  of  North   Dakota 254-283 

26.  Normal  Schools 284-301 

27.  North  Dakota  Academy  of  Science 302-312 

28.  Agricultural  College _ -3I3'329 

29.  Deaf  and  Dumb  Asylum .        _ -33°"345 

30.  Blind  Asylum 346-352 

31.  Industrial  School 353-3°2 

32.  Lignite  Coal  to  be  Used 363 

PART  III— SCHOOL  AND  PUBLIC  LANDS. 

33.  Board  of  University  and  School  Lands 364-430 


PART  I.--PUBLIC  SCHOOLS. 
ARTICLE  I. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

Section.  Section. 

1.  Qualifications  of — Term  of  Office.  9.  Record  of  Official  Acts. 

2.  To  Preserve  Miscellaneous  Documents.  10.  School  Laws  to  be  Printed. 

3.  Supervision  of  Schools.  n.  Conference  with  County  Superintendents. 

4.  Prepare  and  Furnish  School  Supplies.  12.  Seal. 

5.  Examinations  and  Teachers'  Certificates.  13.  To  Assist  at  Teachers'  Institutes. 

6.  Prescribe  Course  of  Study.  14.  Biennial  Report,  What  to  Contain. 

7.  Rules  for  Teachers'  Institutes.  15.  Reports  to  be  Printed. 

8.  Advise  County  Superintendents.  16.  Salary,  Traveling  Expenses. 

(Figures  in  paranthesis  refer  to  section  numbers  in  the  Revised  Codes.) 

§  i.  (622.)  QUALIFICATIONS  OF.  TERM  OF  OFFICE.]  There 
shall  be  elected  by  the  qualified  electors  of  the  state  at  the  time 
of  choosing  members  of  the  Legislative  Assembly  a  Superin- 
tendent of  Public  Instruction,  who  shall  have  attained  the  age 
of  twenty-five  years,  and  who  shall  have  the  qualifications  of  an 
elector  for  that  office  and  the  holder  of  a  State  certificate  of  the 
highest  grade,  issued  in  some  state,  or  a  graduate  of  some  reput- 
able university,  college  or  normal  school.  He  shall  hold  his 
office  at  the  seat  of  government  for  the  term  of  two  years  com- 
mencing on  the  first  Monday  in  January  following  his  election 
and  until  his  successor  is  elected  and  qualified. 

§    2.       (623.)      To    PRESERVE    MISCELLANEOUS    DOCUMENTS.]       He 

shall  preserve  in  his  office  all  books,  maps,  charts,  works  on  edu- 
cation, school  reports  and  school  laws  of  other  states,  and  cities, 
plans  for  school  buildings  and  other  articles  of  educational  interest 
and  value  which  may  come  into  his  possession  as  such  officer,  and 
at  the  expiration  of  his  term  he  shall  deliver  them  together  with 
the  reports,  statements,  records  and  archives  of  his  office  to  his 
successor. 

§  3.  (624.)  SUPERVISION  OF  SCHOOLS.]  He  shall  have  the 
general  supervision  of  the  public  schools  of  the  State  and  shall 
be  ex-officio  member  of  the  Board  of  University  and  School 
Lands  and  of  the  Normal  School  Boards  of  the  State. 

§  4.  (625.)  PREPARE  AND  FURNISH  SCHOOL  SUPPLIES.]  He 
shall  prepare,  cause  to  be  printed  and  furnished  to  the  proper 
officer  or  persons  all  school  registers,  reports,  statements,  notices 
and  returns  needed  or  required  to  be  used  in  the  schools  or  by 
the  school  officers  in  the  State.  He  shall  prepare  and  furnish 
the  school  officers,  through  the  county  superintendents,  lists  of 
publications  approved  by  him  as  suitable  for  district  libraries; 


24  GENERAL  SCHOOL  LAWS, 

such  lists  shall  also  contain  the  lowest  price  at  which  each  publi- 
cation can  be  purchased,  and  such  other  information  relative  to 
the  purchase  of  district  libraries  as  he  may  deem  requisite. 

§  5.  (626.)  EXAMINATIONS  AND  TEACHERS'  CERTIFICATES.] 
He  shall  prepare  or  cause  to  be  prepared  all  questions  to  be  used 
in  the  examination  of  applicants  for  teachers'  certificates,  pre- 
scribe the  rules  and  regulations  for  conducting  such  examinations 
and  issue  or  revoke  State  certificates  as  provided  in  this  chapter. 

§  6.  (627.)  PRESCRIBE  COURSE  OF  STUDY.]  He  shall  prepare 
and  prescribe  a  course  of  study  for  all  the  public  and  normal 
schools  of  the  State  and  the  course  of  study,  training  and  prac- 
tice of  the  professional  department  of  schools,  designated  and 
supported  wholly  or  in  part  by  the  State. 

§  7.  (628.)  RULES  FOR  TEACHERS'  INSTITUTES.]  He  shall 
prescribe  rules  and  regulations  for  the  holding  of  teachers'  insti- 
tutes, and  after  counseling  and  advising  with  county  superintend- 
ents, shall  appoint  conductors  therefor.  He  shall  prescribe  the 
course  of  instruction  for  teachers'  institutes,  and  the  course  of 
reading  for  the  teachers'  reading  circles  within  the  State. 

§  8.  (629.)  ADVISE  COUNTY  SUPERINTENDENTS.]  He  shall 
counsel  with  and  advise  county  superintendents  upon  all  matters 
involving  the  welfare  of  schools,  and  he  shall,  when  requested, 
give  them  written  answers  to  all  questions  concerning  the  school 
law.  He  shall  decide  all  appeals  from  the  decision  of  the  county 
superintendents,  and  may  for  such  decisions  require  affidavits,  ver- 
ified statements  or  sworn  testimony  as  to  the  facts  in  issue.  He 
shall  prescribe  and  cause  to  be  enforced  rules  of  practice  and 
regulations  pertaining  to  the  hearing  and  determination  of  appeals, 
and  necessary  for  carrying  into  effect  the  school  laws  of  the  State. 

§  9.  (630.)  RECORD  OF  OFFICIAL  ACTS.]  He  shall  keep  a 
complete  record  of  all  his  official  acts  and  shall  file  in  his  office 
all  appeals  and  the  papers  pertaining  thereto. 

§  10.  (631.)  SCHOOL  LAWS  TO  BE  PRINTED.]  He  shall  at 
least  once  in  two  years  cause  to  be  printed  the  school  laws  of  the 
State,  with  such  notes  and  decisions  thereon  as  may  seem  to  him 
advisable,  and  shall  furnish  them  as  they  are  needed  to  the  school 
officers  in  the  State. 

§  ii.  (632.)  CONFERENCE  WITH  COUNTY  SUPERINTENDENTS.] 
He  shall  meet  the  county  superintendents  of  each  judicial  district 
or  of  two  or  more  districts  combined  at  such  time  and  place  as 
he  shall  appoint,  giving  them  due  notice  of  such  meeting.  The 
objects  of  such  meeting  shall  be  to  accumulate  valuable  facts 
relative  to  schools,  to  compare  views,  to  discuss  principles,  to 
hear  discussions  and  suggestions  relative  to  the  examinations  and 
qualifications  of  teachers,  methods  of  instruction,  text  books, 
institutes,  visitation  of  schools  and  other  matters  relating  to  the 
public  schools. 

§  12.  (633.)  SEAL.]  He  shall  provide  and  keep  a  seal  by 
which  all  his  official  acts  may  be  authenticated. 


NORTH    DAKOTA.  25 


§  13.  (634.)  To  ASSIST  AT  TEACHERS'  INSTITUTES.]  He  shall 
when  practicable,  attend  and  assist  at  teachers'  institutes  and  aid 
and  encourage  generally  teachers  in  qualifying  themselves  for  the 
successful  discharge  of  their  duties;  he  shall  labor  faithfully  in 
all  practicable  ways  for  the  welfare  of  the  public  schools  of  the 
State,  and  shall  perform  such  other  duties  as  shall  be  required  of 
him  by  law. 

§  14.  (635.)  BIENNIAL  REPORT,  WHAT  TO  CONTAIN.]  He  shall, 
on  or  before  the  first  day  of  November  preceding  the  biennial 
session  of  the  Legislative  Assembly,  make  and  .transmit  to  the 
Governor  a  report,  showing: 

1.  The  number  of  school  districts,  schools,  teachers  employed 
and  pupils  taught  therein  and  the  attendance  of  pupils  and  studies 
pursued  by  them. 

2.  The  financial  condition  of  the  schools,  their  receipts  and 
expenditures,  value  of  school  houses  and  property,  cost  of  tuition 
and  wages  of  teachers 

3.  The  condition,  educational  and  financial,  of  the  normal  and 
higher  institutions  connected  with  the  school  system  of  the  State 
and   as  far   as    it   can   be   ascertained,    of    the   private   schools, 
academies  and  colleges  in  the  State. 

4.  Such   general  matters,   information  and  recommendations 
relating  to  the  educational  interests  of  the  State  as  he  may  deem 
important. 

§  15.  (636.)  REPORTS  TO  BE  PRINTED.]  One  thousand  copies 
of  the  report  of  the  Superintendent  of  Public  Instruction  shall 
be  printed  biennially  in  the  month  of  December  preceding  the 
session  of  the  Legislative  Assembly.  One  copy  shall  be  fur- 
nished to  each  of  the  members  of  the  Legislative  Assembly,  one 
copy  to  each  county  superintendent  of  the  State,  one  copy  to 
the  president  of  each  school  board,  one  copy  to  each  State  officer, 
one  copy  to  each  State  and  Territorial  Superintendent  and  twenty 
copies  shall  be  filed  in  the  office  of  the  Superintendent  of  Public  In- 
struction and  ten  copies  in  the  State  library.  The  remaining  copies 
shall  be  distributed  among  the  various  colleges,  universities  and 
other  libraries  of  the  United  States. 

§  16.  (637.)  SALARY,  TRAVELING  EXPENSES.]  He  shall  re- 
ceive an  annual  salary  of  two  thousand  dollars  and  in  addition 
thereto  his  actual  and  necessary  traveling  expenses  incurred  in 
the  discharge  of  his  official  duties,  not  exceeding  six  hundred 
dollars  in  any  one  year,  such  expenses  to  be  paid  monthly  on  the 
warrant  of  the  State  Auditor  upon  his  filing  with  such  Auditor  an 
itemized  statement  of  such  expenses  properly  verified. 


s.  L.— 3. 


26 


GENERAL    SCHOOL    LAWS, 


ARTICLE  II. 


COUNTY  SUPERINTENDENT  OF  SCHOOLS. 


Section. 

17.     Election — Term  of  Office. 


General  Duties. 

Visitation  of  Schools. 

General  Duties — Continued. 

Record  of  Official  Acts. 

Meetings  with  School  Officers. 

To  Decide  Questions  in  Controversy. 

Power  to  Administer  Oaths. 

Institute  Fund,  How  Raised  and  Used. 


26.     Apportionment  of  State  Tuition  Fund. 


Section. 

27.  Teacher's  Certificate  may  be  Revoked,  when 

28.  Report  to  State  Superintendent. 

29.  Appraisement  of  School  Lands  —  Fees. 

30.  Office,  Postage  and  Stationery. 

31.  Salary  —  Deputy  —  Traveling  Expenses. 

32.  Qualifications  of. 

33.  Shall  not  Engage  in  Teaching. 

34.  Shall  not  Absent  Himself  from  County. 

35.  Subject  to  Removal. 

36.  Not  Applicable  in  Every  County. 


§  17.  (638.)  ELECTION.  TERM  OF  OFFICE.]  There  shall  be 
elected  in  each  organized  county  at  the  same  time  other  county 
officers  are  elected  a  county  superintendent  of  schools,  whose 
term  of  office  shall  be  two  years,  commencing  on  the  first  Monday 
in  January  following  his  election  and  until  his  successor  is  elected 
and  qualified. 

§  1  8.  (639.)  GENERAL  DUTIES.]  The  county  superintendent 
of  schools  shall  have  the  general  superintendence  of  the  public 
schools  in  his  county,  except  those  in  cities  which  are  organized 
under  special  law  and  those  in  special  or  independent  school 
districts. 

§  19.  (640.)  VISITATION  OF  SCHOOLS.]  He  shall  visit  each 
public  school  under  his  supervision.  He  shall  at  such  visit  care- 
fully observe  the  condition  of  the  school,  the  mental  and  moral 
instruction  given,  the  methods  of  teaching  employed  by  the 
teacher,  the  teacher's  ability  and  the  progress  of  the  pupils.  He 
shall  advise  and  direct  the  teacher  in  regard  to  the  instruction, 
classification,  government  and  discipline  of  the  school  and  the 
course.  of  study.  He  shall  keep  a  record  of  such  visits  and  by 
memoranda  indicate  his  judgment  of  the  teacher's  ability  to  teach 
and  govern  and  the  condition  and  progress  of  the  school,  which 
shall  be  open  to  inspection  by  any  school  director. 

§  20.  (641.)  GENERAL  DUTIES  CONTINUED.]  He  shall  carry 
into  effect  all  instructions  of  the  Superintendent  of  Public  Instruc- 
tion given  within  his  authority.  He  shall  distribute  to  the  proper 
officers  and  to  teachers  all  blanks  furnished  him  by  such  Super- 
intendent, and  needed  by  such  officers  and  teachers.  Acting 
under  the  instructions  of  the  Superintendent  of  Public  Instruc- 
tion, he  shall  convene  the  teachers  of  his  county  at  least  one 
Saturday  in  each  month  during  which  the  public  schools  are  in 
progress,  or  if  the  distance  is  too  great  he  may  convene  the 
teachers  of  two  or  more  districts  in  each  of  the  several  portions 
of  his  county  in  county  or  district  institutes,  or  teachers'  circles 
for  normal  instruction  and  the  study  of  methods  of  teaching, 
organizing,  classifying  and  governing  schools,  and  for  such  other 
instruction  as  may  be  set  forth  in  the  course  of  reading  pre- 
scribed by  the  Superintendent  of  Public  Instruction  for  the  State 


NORTH    DAKOTA. 


Teachers'  Reading  Circle.  Each  teacher  shall  attend  the  full 
session  of  such  institute  or  circle  and  participate  in  the  duties 
and  exercises  thereof  or  forfeit  one  day's  wages  for  each  day's 
absence  therefrom,  unless  such  absence  is  occasioned  by  sickness 
of  the  teacher  or  others  to  whom  his  attention  is  due;  but  when 
on  account  of  distance  or  otherwise  it  would  impose  a  hardship 
upon  any  teacher  to  attend,  or  would  cause  such  teacher  to  neglect 
his  school,  the  county  superintendent  may  excuse  such  teacher 
from  attendance. 

§  21.  (642.)  RECORD  OF  OFFICIAL  ACTS.]  He  shall  keep  a 
record  of  all  his  official  acts  and  shall  preserve  all  books,  maps, 
charts  and  apparatus  sent  him  as  a  school  officer,  or  belonging  to 
his  office.  He  shall  file  all  reports  and  statements  from  teachers 
and  school  boards  and  shall  turn  them  over  to  his  successor  in  office. 

§  22.  (643.)  MEETINGS  WITH  SCHOOL  OFFICERS.]  He  may 
arrange  for  meetings  with  school  officers  at  designated  times  and 
places,  due  notice  of  which  has  been  given,  for  the  purpose  of 
inspecting  the  district  records  and  instructing  in  the  manner  of 
keeping  the  same  and  of  preparing  the  reports  of  district  officers. 
He  shall  visit  the  officers  of  the  several  school  districts  as 
often  as  may  be  necessary  to  secure  the  correct  keeping  of  the 
records.  He  shall,  on  or  before  the  first  day  of  April  in  each 
year,  prepare  and  furnish  to  the  several  assessors  of  the  county  a 
correct  sectional  map  of  their  respective  districts,  showing  the 
boundaries  and  names  or  numbers  of  all  school  districts  therein. 

§    23.       (644.)      TO    DECIDE    QUESTIONS     IN     CONTROVERSY.]        He 

shall  decide  all  matters  in  controversy  arising  in  his  county  in  the 
administration  of  the  school  law  or  appealed  to  him  from  the 
decisions  of  school  officers  or  boards.  An  appeal  may  be  taken 
from  his  decision  to  the  Superintendent  of  Public  Instruction,  in 
which  case  a  full  written  statement  of  the  facts,  together  with  the 
testimony  and  his  decision  in  the  case  shall  be  certified  to  the 
Superintendent  of  Public  Instruction  for  his  decision  in  the 
matter,  which  decision  shall  be  final,  subject  to  adjudication  or 
the  proper  legal  remedies  in  the  courts. 

§  24.  (645.)  POWER  TO  ADMINISTER  OATHS.]  He  shall  have 
power  to  administer  oaths  of  office  to  all  subordinate  school 
officers,  and  to  witnesses  and  to  examine  them  under  oath  in  all 
controversies  pending  before  him  arising  in  the  administration  of 
the  school  laws;  but  he  shall  not  receive  pay  for  administering 
such  oaths. 

§  25.  (646.)  INSTITUTE  FUND,  HOW  RAISED  AND  USED.]  All 
fees  received  by  him  for  the  examination  of  teachers  shall  be 
turned  over  to  the  county  treasurer,  who  shall  keep  the  same  as  a 
special  fund  to  be  known  as  the  "institute  fund"  and  which  shall 
be  used  only  for  the  expenses  of  holding  county  teachers' 
institutes,  to  be  paid  out  upon  proper  warrants  issued  by  the 
county  auditor  upon  the  sworn  and  itemized  voucher  of  the 
county  superintendent. 


28  GENERAL    SCHOOL    LAWS, 

§  26.  (647.)  APPORTIONMENT  OF  STATE  TUITION  FUND.]  He 
shall  make  apportionment  of  the  State  tuition  fund  among  the 
school  corporations  of  the  county,  a's  provided  in  this  chapter. 

§27.       (648.)       TEACHER'S  CERTIFICATE  MAY  BE  REVOKED,  WHEN.] 

He  shall  see  that  the  pupils  are  instructed  in  the  several  branches 
of  study  required  by  law  to  be  taught  in  the  schools  as  far  as 
they  are  qualified  to  pursue  them.  If  any  teacher  neglects  or 
refuses  to  give  instruction  as  required  by  law  in  physiology  and 
hygiene,  and  the  nature  and  effect  of  alcoholic  drinks,  narcotics 
and  stimulants,  the  county  superintendent  shall  promptly  revoke 
such  teacher's  certificate  and  cause  him  to  be  discharged.  If  the 
teacher,  so  neglecting  or  refusing  to  give  instructions  in  such 
branches,  holds  a  State  certificate,  the  county  superintendent 
shall  immediately  certify  such  refusal  or  neglect  to  the 
superintendent  of  public  instruction. 

§  28.  (649.)  REPORT  TO  STATE  SUPERINTENDENT.]  He  shall, 
on  or  before  the  fifteenth  day  of  August  in  each  year,  make  and 
transmit  a  report  to  the  superintendent  of  public  instruction, 
containing  such  statistics,  items  and  statements  relative  to  the 
schools  of  the  county,  as  may  be  required  by  such  superintendent. 
Such  report  shall  be  made  upon  and  conform  to  the  blanks 
furnished  by  the  superintendent  of  public  instruction  for  that 
purpose.  He  shall  not  be  paid  his  salary  for  the  last  quarter  of 
his  official  year,  until  he  presents  to  the  county  commissioners, 
the  receipt  of  the  superintendent  of  public  instruction  for  such 
annual  report. 

§  29.  (650.)  APPRAISEMENT  OF  SCHOOL  LANDS.  FEES.]  He 
shall  perform  such  duties  as  appraiser  of  the  school  lands  in  his 
county,  and  also  in  the  leasing  and  sale  of  such  lands,  as  may  be 
required  of  him  by  the  Board  of  University  and  School  Lands. 
He  shall  be  paid  for  such  services  three  dollars  a  day  for  the 
time  actually  employed  therein  and  five  cents  a  mile  for  the 
distance  actually  and  necessarily  traveled  in  the  discharge  of 
such  duties,  to  be  paid  by  the  State  Treasurer  out  of  the  funds 
appropriated  for  the  current  expenses  of  the  Board  of  University 
and  School  Lands. 

§  30.  (651.)  OFFICE,  POSTAGE  AND  STATIONERY.]  He  may 
provide  for  himself  a  suitable  office  for  the  transaction  of  official 
business  when  not  provided  therewith  by  the  county  commis- 
sioners, and  such  commissioners  shall  audit  and  pay  his  reason- 
able accounts  for  the  use  and  furniture  of  such  office.  They 
shall  also  furnish  him  with  all  necessary  books,  stationery  and 
postage;  but  not  more  than  one  hundred  and  twenty-five  dollars 
a  year  shall  be  paid  by  any  county  for  office  rent,  books,  station- 
ery, postage  and  furniture,  and  when  an  office  room  is  furnished 
by  the  county  he  shall  not  be  allowed  to  exceed  fifty  dollars  a 
year  for  stationery  and  postage. 

§  31.  (652.)  SALARY.  DEPUTY.  TRAVELING  EXPENSES.]  The 
salary  of  the  county  superintendent  of  schools  shall  be  as 


NORTH  DAKOTA. 


follows:  In  each  county  having  one  school  and  not  over  five, 
one  hundred  dollars;  six  schools  and  not  over  ten,  two  hundred 
dollars;  eleven  schools  and  not  over  fifteen,  three  hundred  dol- 
lars; sixteen  schools  and  not  over  twenty,  four  hundred  dollars; 
twenty-one  schools  and  not  over  twenty-five,  five  hundred 
dollars;  twenty-six  schools  and  not  over  thirty,  six  hundred 
dollars;  thirty-one  schools  and  not  over  thirty-five,  seven  hundred 
dollars;  thirty  six  schools  and  not  over  forty,  eight  hundred  dol- 
lars; forty-one  schools  and  not  over  fifty,  nine  hundred  dollars; 
and  for  each  additional  ten  schools  or  major  fraction  thereof,  one 
hundred  dollars  additional;  provided,  that  in  computing  the 
salary  of  such  superintendent  no  school  shall  be  included  unless 
the  same  shall  have  been  taught  at  least  three  months  during  the 
preceding  year;  provided,  further,  that  such  salaries  shall  not 
exceed  fifteen  hundred  dollars  in  any  county.  In  addition  thereto 
he  shall  receive  seven  cents  a  mile  for  the  distance  actually  and 
necessarily  traveled  by  him  in  the  discharge  of  his  duties.  He 
shall  at  the  end  of  every  three  months  make  and  furnish  to  the 
county  commissioners  an  itemized  statement  of  the  distance  so 
traveled  in  the  discharge  of  his  duties,  which  shall  be  audited 
and  ordered  paid  by  the  board  of  county  commissioners.  The 
amount  of  his  salary  shall  be  determined  each  year  by  the  actual 
number  of  schools  or  separate  departments  in  graded  schools 
over  which  such  superintendent  had  official  supervision  during 
the  preceding  year,  and  the  same  shall  be  paid  out  of  the  county 
general  fund  monthly  upon  the  warrant  of  the  county  auditor. 
In  each  county  which  shall  be  organized  for  school  purposes  after 
the  adoption  of  this  code,  the  county  superintendent  shall  be 
paid  a  salary  at  the  rate  of  one  hundred  dollars  a  year  until  the 
first  Monday  in  October  next  following  his  election,  after  which 
his  salary  shall  be  as  provided  for  in  this  section.  The  county 
superintendent  may  appoint  a  deputy  who  shall  perform  the 
duties  of  the  county  superintendent  during  his  absence  from  the 
county;  but  no  additional  salary  shall  be  paid  such  deputy,  except 
in  counties  having  eighty  or  more  schools,  in  which  counties  the 
board  of  county  commissioners  may  appropriate  not  to  exceed 
one  hundred  dollars  each  year  for  clerical  assistance  in  the  office 
of  the  county  superintendent,  but  such  deputy  shall  be  paid 
seven  cents  a  mile  for  the  distance  actually  and  necessarily 
traveled  by  him,  to  be  paid  in  the  same  manner  the  county  super- 
intendent is  paid.  The  county  superintendent  shall  be  responsi- 
ble for  the  official  acts  of  such  deputy. 

§32.  (653.)  QUALIFICATIONS  OF.]  No  person  shall  be  deemed 
qualified  for  the  office  of  county  superintendent,  unless  he  holds 
a  certificate  of  the  highest  county  grade  or  its  equivalent. 

§  33-  (654.)  SHALL  NOT  ENGAGE  IN  TEACHING.]  No  county 
superintendent  of  schools,  except  as  hereinafter  provided,  shall 
engage  in  teaching  during  the  term  for  which  he  was  elected,  nor 


30  GENERAL   SCHOOL    LAWS, 

shall  any  person  under  contract  to  teach  be  qualified  to  hold  the 
office  of  county  superintendent  of  schools. 

§    34.       (655.)       SHALL  NOT  ABSENT  HIMSELF  FROM  COUNTY.]       No 

county  superintendent  of  schools  shall  engage  in  any  profession 
or  occupation,  nor  shall  he  absent  himself  from  the  county  or 
district  for  which  he  is  elected  to  engage  in  any  occupation, 
profession  or  pursuit  during  the  term  for  which  he  is  elected  for 
such  time  and  in  such  manner  as  to  interfere  with  the  proper 
discharge  of  his  duties  as  county  superintendent  of  schools. 

§  35-  (656.)  SUBJECT  TO  REMOVAL.]  Any  county  superin- 
tendent of  schools  who  neglects  or  violates  any  of  the  provisions 
of  sections  654  and  655  shall  be  subject  to  removal  from  office. 

§    36.       (657.)       NOT   APPLICABLE     IN     EVERY     COUNTY.]       None    of 

the  provisions  of  sections  654  and  655  shall  be  applicable  to 
counties  in  which  the  salary  of  county  superintendents  of  schools 
is  less  than  twelve  hundred  dollars  per  annum. 

ARTICLE  III. 

SCHOOL  DISTRICTS. 

Section.  Section. 

37.  What  Constitutes  a  School  Corporation.  43.     When  Civil  Townships  may  Consolidate  into 

38.  School  Township  to  Conform  to  Civil  Town-  School  District. 

ship  when  Possible.  44.     School  Districts,  How  Named. 

39.  What  Territory  may  be  Organized  into  Dis-        45.     When    Boundaries   to   be    Rearranged   and 

trict  School  Corporations.  Established  and  How. 

40.  New  School  Districts,  How  Formed.  46.     Boundaries,  How  Changed  in  Future. 

41.  When  School  Corporations  may  be  Divided        47.     Rights  and  Powers  of  School  Corporations. 

and  Attached  to  Other  Districts.  48.     Plats  of  School  Districts  to  be  Furnished  by 

42.  Annexation  of  School  Corporations.  County  Auditor. 

§  37.  (658.)  WHAT  CONSTITUTES  A  SCHOOL  CORPORATION.] 
Each  civil  township  in  the  state,  not  organized  for  school  purposes 
under  the  district  system  at  the  taking  effect  of  this  code,  shall 
be  and  is  hereby  constituted  a  distinct  school  corporation,  and 
whenever  in  any  county  a  civil  township  shall  hereafter  be 
organized  it  shall  from  and  after  such  organization  be  and  consti- 
tute a  distinct  school  corporation,  except  as  otherwise  specially 
provided  in  this  chapter. 

§  38.  (659.)  SCHOOL  TOWNSHIP  TO  CONFORM  TO  CIVIL  TOWN- 
SHIP WHEN  POSSIBLE.]  Each  school  township  in  every  county  in 
the  state,  which  at  the  taking  effect  of  this  code  consists  of 
territory  not  organized  into  a  civil  township,  shall  be  and  remain 
a  distinct  school  corporation;  provided,  that  whenever  such 
school  township,  or  any  part  thereof,  shall  be  organized  into  or 
annexed  to  a  civil  township,  such  civil  township  shall  thenceforth 
constitute  a  distinct  school  corporation;  but  nothing  in  this 
section  shall  be  construed  to  alter  the  boundary  lines  of  any 
school  township  organized  prior  to  the  passage  of  this  code, 
except  upon  petition  as  hereinafter  provided. 

§  39.  (660.)  WHAT  TERRITORY  MAY  BE  ORGANIZED  INTO 
DISTRICT  SCHOOL  CORPORATIONS.]  The  county  commissioners  of 


NORTH  DAKOTA.  3! 


each  county,  not  organized  for  school  purposes  under  the  district 
school  system  at  the  taking  effect  of  this  code,  shall  organize  into 
a  distinct  school  corporation  any  territory  not,  at  the  taking 
effect  of  this  code,  already  organized  into  a  civil  township  or  a 
school  township,  upon  being  petitioned  so  to  do  by  one-third  of 
the  residents  of  such  territory,  having  the  care  and  custody  of 
any  child  of  school  age;  provided,  such  territory  shall  consist  of 
not  less  than  one  congressional  township,  having  at  least  eight 
thousand  dollars  of  taxable  property  and  at  least  ten  children  of 
school  age  residing  therein.  The  county  commissioners  of  every 
such  county,  with  the  advice  and  consent  of  the  county  superin- 
tendent, may  rearrange  the  boundaries  in  any  school  corporation 
whose  territory  is  not  included  within  a  civil  township,  when 
petitioned  so  to  do  by  a  majority  of  the  voters  residing  within 
such  school  corporation,  whose  boundaries  will  be  effected 
thereby,  subject  to  the  same  restrictions  and  conditions  as  to 
extent  of  territory,  value  of  taxable  property  and  number  of 
resident  children  of  school  age  as  in  the  organization  of  a  school 
corporation  from  territory  not  included  in  a  civil  township.  In 
the  formation  of  school  corporations  and  the  rearrangement  of 
their  boundaries  as  provided  for  in  this  section,  the  boundary 
lines  of  congressional  townships  shall  be  followed  as  far  as 
possible  as  school  corporation  lines. 

§  40.  (661.)  NEW  SCHOOL  DISTRICTS,  HOW  FORMED.]  In  any 
county  hereafter  organized  the  county  commissioners  shall  so 
divide  the  county  or  the  parts  thereof,  which  include  every 
congressional  township  in  such  county  which  has  residing  therein 
not  less  than  ten  children  of  school  age,  into  school  corporations 
as  will  best  promote  the  permanent  interests  of  public  schools  in 
the  county,  upon  the  same  petition  and  subject  to  the  same 
condition  and  restrictions  as  are  contained  in  section  660. 

§  41.  (662.)  WHEN  SCHOOL  CORPORATIONS  MAY  BE  DIVIDED 
AND  ATTACHED  TO  OTHER  DISTRICTS.]  If  a  portion  of  any  such 
school  corporation  having  not  more  than  ten  children  of  school 
age  residing  therein  is  separated  from  the  other  portion  of  such 
corporation  by  any  natural  obstacle  which  practically  prevents 
such  children  from  attending  school  in  such  other  portion,  the 
county  commissioners  of  the  county  may  annex  such  portion  so 
separated  to  an  adjoining  school  corporation,  and  the  portion  so 
annexed  shall  constitute  a  part  of  such  adjacent  corporation.  If 
such  adjacent  corporation  lies  in  another  county,  the  county  com- 
missioners of  the  two  counties  may  jointly  make  such  annexation. 

§42.  (663.)  ANNEXATION  OF  SCHOOL  CORPORATIONS.]  In  any 
county  not  organized  for  school  purposes  under  the  district 
system  at  the  taking  effect  of  this  code,  if  a  town  or  village  not 
organized  into  a  special  district  is  divided  by  a  civil  township  line 
or  if  such  town  or  village  is  divided  by  any  county  line,  the 
county  commissioners  of  such  county,  or  the  county  commis- 
sioners of  such  adjacent  counties  acting  in  joint  session,  as  the 


32  GENERAL    SCHOOL    LAWS, 

case  may  be,  may  when  petitioned  so  to  do  by  a  majority  of  the 
voters  of  each  part -of  said  town  or  village,  annex  one  part  of 
such  town  or  village  to  the  adjacent  school  corporation  which 
includes  the  other  part  of  such  town  or  village  and  the  part  so 
annexed  shall  constitute  a  portion  of  such  adjacent  corporation. 

§  43.  (664.)  WHEN  CIVIL  TOWNSHIPS  MAY  CONSOLIDATE  INTO 
SCHOOL  DISTRICT.]  In  any  county  not  organized  for  school 
purposes  under  the  district  system  at  the  taking  effect  of  this 
code,  if  a  civil  township  having  less  than  fifteen  persons  of  school 
age  residing  therein,  by  reason  of  the  irregular  course  of  natural 
boundary,  contains  less  than  twelve  sections  or  square  miles  of 
territory,  it  shall  constitute  a  portion  of  the  adjacent  school  dis- 
trict with  which  it  has  the  longest  common  boundary  line. 

§  44.  (665.)  SCHOOL  DISTRICTS,  HOW  NAMED.]  Each  school 
corporation  constituted  or  formed  under  the  provisions  of  this 
article,  shall  be  designated  a  school  district  as  distinguished  from  a 
civil  township  or  congressional  township  and  shall  be  named  as 
follows:  Each  school  district  which  consists  of  a  civil  township 

shall  be  named  " school  district  of county,  State 

of  North  Dakota,"  with  the  name  of  the  civil  township  which 
constitutes  the  districts  inserted  in  the  blank  before  the  word 
"school "and  the  name  of  the  county  in  which  it  is  situated 
inserted  before  the  word  "  county."  Each  school  district  which 
consists  of  territory  not  organized  into  a  civil  township  but 
which  has  been  named  by  a  distinctive  name  shall  have  such 
distinctive  name  inserted  in  the  blank  before  the  word  "  school." 
Each  school  district  consisting  of  territory  not  organized  into  a 
civil  township  which  has  no  distinctive  name  shall  be  named 

"  school  district  No of county,  State  of  North 

Dakota,"  with  its  proper  number  inserted  in  the  blank  after  the 
word  "number"  and  the  proper  name  of  the  county  inserted  in 
the  blank  before  the  word  "county;"  provided,  that  in  each 
county  organized  for  school  purposes  under  the  district  system  at 
the  taking  effect  of  this  code,  the  several  school  districts  shall 
retain  and  be  known  by  the  number  which  they  have  respectively 
at  the  time  of  the  taking  effect  of  this  code  and  any  school  district 
hereafter  formed  in  any  such  county  shall  be  known  by  the 
number  next  higher  than  that  of  the  highest  pre-existing 
numbered  district. 

§  45.  (666.)  WHEN  BOUNDARIES  TO  BE  REARRANGED  AND 
ESTABLISHED  AND  HOW.]  The  county  commissioners  and  county 
superintendent  of  schools  in  each  county,  which  at  the  taking 
effect  of  this  code,  is  organized  for  school  purposes  under  the 
district  system,  shall  meet  on  the  first  Monday  in  May,  A.  D. 
1896,  at  the  place  where  the  meetings  of  such  commissioners  are 
usually  held  and  shall  rearrange  and  establish  the  boundaries  of  the 
several  school  districts  of  the  county  unless  the  same  has  already 
been  done,  as  follows: 

I.     Each   civil   township   in   a   county,   no    part   of    which    is 


NORTH    DAKOTA.  33 


I 

included  in  a  school  district  already  organized,  shall  be  formed 
into  a  single  school  district. 

2.  Each    congressional    township    in   the   county,  no  part   of 
which  is  included  in  a  civil  township  nor  in  an  organized  school 
district,  if  it  contains  twelve  or  more  persons  of  school  age,  shall 
be  formed  into  a  single  school  district. 

3.  All  territory  in  a  county  situated  in  a  civil  township,  part  of 
which  is  organized  into  a  school  district  or  situated  in  a  con- 
gressional  township    not   included    in    a    civil   township,   and   a 
portion  of   which   is   organized    into   a   school    district   shall   be 
annexed  to  and  form  a  part  of  the  organized  school  district  lying 
wholly  or  in  part  in  such  civil  or  congressional  township. 

4.  Each  school  district  now  organized  which  has  less  than  ten 
persons  of  school  age  residing  therein  shall  be  annexed  to  and 
form  a  part  of  such  adjacent  school  district  as  shall  be  most  con- 
venient for  such  persons  of  school  age,  when  in  the  judgment  of 
such  commissioners  and  superintendent  such  annexation  can  be 
made  without  detriment  to  the  school   or  to  the  pupils   residing 
in  such  district. 

5.  The  boundary  lines  of  each  school  district  which  lies  partly 
within  two  or  more  civil  townships  shall  be  so  changed  that  such 
school  district  shall  lie  wholly  within  one  civil  township,  so  far  as 
in  the  judgment  of  such  commissioners  and  superintendent  such 
change  can  be  made  without  detriment  to  the  schools  or  to  the 
pupils  therein. 

6.  Such  commissioners  and  superintendent  shall  make  such 
changes  generally  in  the  boundary  lines  of  the  school  districts  of 
the  county,  not  in  their  judgment  detrimental  to  the  interests  of 
the  schools  of  the  county,  as  will  reduce  the  number  of  school 
districts  in  the  county,  and  form  school  districts  not  extending 
beyond  the  boundaries  of  the  civil  township. 

§  46.  (667.)  BOUNDARIES,  HOW  CHANGED  IN  FUTURE.]  After 
the  boundary  lines  of  the  several  school  districts  in  any  of  the 
counties  are  rearranged  and  established  as  provided  for  in  the  last 
section,  or  at  any  time  thereafter,  such  boundary  so  established, 
or  any  boundary  rearranged  and  established  as  aforesaid,  may  be 
changed  by  the  county  commissioners  and  superintendent  of 
schools  of  such  county  at  a  regular  meeting  of  the  board,  upon 
petition  of  three-fourths  of  the  resident  voters  in  and  of  the 
parts  of  districts  to  be  included  in  any  new  districts,  or  of  the 
parts  of  districts  desiring  such  change;  provided,  that  there  are  at 
least  twelve  children  of  school  age  within  the  boundaries  pro- 
posed to  be  benefited  by  such  change  or  creation  of  a  new  district, 
and  it  shall  appear  to  the  satisfaction  of  a  majority  of  such  board 
and  to  the  county  superintendent  that  such  change  will  be 
beneficial  to  the  schools  and  to  the  public;  and  provided  further, 
that  each  congressional  township  not  wholly  or  in  part  included 
in  a  civil  township,  and  no  portion  of  which  is  organized  for 
school  purposes,  shall  be  formed  into  a  school  district  as  soon  as 


34  GENERAL    SCHOOL    LAWS, 

I 

it  shall  have  residing  therein  twelve  or  more  children  of  school 
age. 

§  47.  (668.)  RIGHTS  AND  POWERS  OP  SCHOOL  CORPORATIONS.] 
Each  school  district  constituted  and  formed  as  provided  in  this 
article  shall  be  a  distinct  corporation,  and  under  its  proper  name 
or  number  as  such  corporation,  may  sue  and  be  sued,  contract 
and  be  contracted  with,  and  may  acquire,  purchase,  hold  and  use 
personal  or  real  property  for  school  purposes  or  for  the  purposes 
mentioned  in  this  chapter  and  sell  and  dispose  of  the  same. 

§  48.  (669.)  PLATS  OF  SCHOOL  DISTRICTS  TO  BE  FURNISHED 
BY  COUNTY  AUDITOR.]  The  county  auditor  shall,  within  thirty 
days  after  the  first  school  election  held  as  provided  herein,  trans- 
mit to  the  State  Auditor,  to  the  Superintendent  of  Public 
Instruction  and  to  the  county  superintendent,  a  plat  of  the 
county  showing  the  boundaries  and  name  of  each  school  corpor- 
ation therein,  and  shall  record  a  copy  of  the  same  together  with 
all  proceedings  of  the  county  board  had  and  done  under  this 
.chapter  in  a  proper  book  kept  for  that  purpose.  He  shall 
promptly  furnish  such  officers  with  a  correct  plat  showing  any 
changes  at  any  time  in  the  boundaries  of  school  corporations. 
The  Superintendent  of  Public  Instruction  shall  furnish  instruc- 
tions for  the  suitable  preparation  and  construction  of  such  plats 
in  regard  to  scale  and  markings,  in  order  to  secure  a  uniform 
series  of  maps  for  binding  for  office  use. 

ARTICLE  IV. 

ELECTION  OF  SCHOOL  OFFICERS. 

Section.  Section. 

49.  Officers  to  be  Elected.  54.    Judges— Oath. 

50.  Polling  Places,  How   Established — Appoint-         55.     Election,  How  Conducted   and    Votes  Can- 

ment  of  Election  Officers.  vassed. 

51.  Who  Qualified  to  Vote  or  Hold  Office.  56.     Certificates  of  Election. 

52.  Hours  Polls  Open.  57-     Oath  of  Office. 

53.  Notice  of  Annual  Election. 

§  49.  (670.)  OFFICERS  TO  BE  ELECTED.]  On  the  third 
Tuesday  in  June  of  each  year  there  shall  be  elected  one  school 
director  for  the  term  of  three  years  and  on  the  third  Tuesday  in 
June  of  each  even  numbered  year  a  school  treasurer  for  the  term 
of  two  years.  Such  officers  shall  hold  their  respective  offices 
from  the  second  Tuesday  in  July  following  their  election  for  the 
number  of  years  respectively  for  which  they  were  elected,  and 
until  their  successors  are  elected  and  qualified.  At  the  first 
election  for  the  organization  of  a  new  school  district  there  shall 
be  elected  at  large  for  such  school  districts  three  directors,  one 
to  serve  until  the  first  annual  election,  one  to  serve  until  the 
second  annual  election,  and  one  to  serve  until  the  third  annual 
election  thereafter  and  a  school  treasurer  to  serve  until  the  annual 
election  in  the  next  even  numbered  year  and  until  his  successor  is 
elected  and  qualified. 


NORTH    DAKOTA.  35 


§  50.  (671.)  POLLING  PLACES,  HOW  ESTABLISHED.  APPOINT- 
MENT OF  ELECTION  OFFICERS.]  The  county  superintendent  in 
each  county  shall  at  least  twenty  days  prior  to  the  third  Tuesday 
in  June  of  each  year,  fix  and  designate  some  polling  place  in 
each  school  district  so  located  as  to  be  convenient  for  the  voters 
of  such  district,  and  shall  appoint  two  persons  to  act  as  judges 
and  two  to  act  as  clerks  of  the  election  of  such  school  officers; 
such  judges  and  clerks  shall  be  qualified  voters  in  their  respective 
districts.  The  county  superintendent  shall  notify  in  writing  such 
judges  and  clerks  of  their  appointment,  and  of  the  place  fixed 
and  designated  as  the  polling  place  in  their  respective  districts, 
and  shall  furnish  them  with  the  necessary  blanks  and  poll  books 
for  such  election.  He  shall  also  furnish  one  of  such  clerks  with 
three  notices  of  such  election  specifying  the  time  and  place  at 
which  such  election  is  to  be  held,  the  officers  to  be  elected  and 
term  of  each,  which  notices  such  clerk  shall  post  in  three  of  the 
most  public  places  in  the  district  at  least  ten  days  prior  to  the 
thirteenth  day  of  June.  The  county  superintendent  shall  fix  the 
date  and  perform  such  other  duties  as  devolve  upon  him  by  the 
provisions  of  this  section  for  the  first  election  in  any  school 
district  hereafter  formed  under  the  provisions  of  this  chapter, 
and  such  election  shall  be  called  by  the  county  superintendent 
within  thirty  days  after  the  formation  of  such  school  district. 

§    51.       (672.)       WHO    QUALIFIED    TO  VOTE  OR  HOLD  OFFICE.]       At 

any  election  of  school  officers  in  any  school  corporation  in  this 
state,  all  persons  who  are  qualified  electors  under  the  general 
laws  of  the  state  and  all  women  twenty-one  years  of  age  having 
the  necessary  qualifications  as  to  citizenship  and  residence 
required  of  male  voters  by  law,  shall  be  qualified  voters  and  shall 
be  eligible  to  the  office  of  county  superintendent  of  schools, 
school  director  or  member  of  the  board  of  education  or  school 
treasurer,  or  may  be  judge  or  clerk  of  such  election. 

§  52.  (673.)  HOURS  POLLS  OPEN.]  At  all  elections  for  school 
district  officers,  the  polls  shall  be  open  at  2  o'clock  p.  M.  and 
closed  at  5  o'clock  p.  M.  > 

§  53.  (674.)  NOTICE  OF  ANNUAL  ELECTION.]  At  least  fifteen 
days  before  the  third  Tuesday  in  June  of  each  year  the  district 
school  board  of  each  school  district  shall  designate  one  polling 
place  as  convenient  as  possible  to  the  voters  of  such  district  at 
which  such  annual  election  shall  be  held,  and  shall  cause  notice 
of  such  election  to  be  posted  in  at  least  three  of  the  most  public 
and  conspicuous  places  within  the  district.  Such  notices  shall  be 
signed  by  the  clerk  or  in  his  absence  by  the  president  of  the 
district  school  board,  and  shall  state  the  time  and  place  of  hold- 
ing such  election  and  the  officers  to  be  elected  and  their  term  of 
office,  and  shall  be  substantially  in  the  following  form: 

Notice  is  hereby  given  that  on  Tuesday  the day  of 

June,  A.  D an  election  will  be  held  at (here 

insert  polling  place)  for  the  purpose  of  electing 


36  GENERAL  SCHOOL  LAWS, 

(here  insert  officers  to  be  elected  and  term  each  is  to  serve)  for 

school   district    No or  for (here   insert   name  of 

school  district).  The  polls  will  be  open  at  2  o'clock  p.  M.  and 
closed  at  5  o'clock  p.  M.  of  that  day. 

By  order  of  school  board, 

Signed, 

Clerk. 

§  54.  (675.)  JUDGES.  OATH.]  At  such  annual  election  any 
two  of  the  directors  of  the  school  district  may  act  as  judges  and 
the  clerk  of  the  district  school  board  and  one  other  person  to  be 
chosen  by  the  voters  present  at  the  opening  of  the  polls,-  shall 
act  as  clerks.  The  voters  present  at  the  opening  of  thejpolls 
shall  choose  a  person  to  fill  any  vacancy  caused  by  the  absence 
of  either  of  such  officers  to  act  as  judge  or  clerk  of  such  election. 
Before  opening  the  polls  each  of  the  judges  and  clerks  of  elec- 
tion shall  take  and  subscribe  the  following  oath  or  affirmation: 
"I  do  solemnly  swear  (or  affirm)  that  I  will  perform  my  duties  as 
judge  or  clerk  (as  the  case  may  be)  according  to  law  and  the  best 
of  my  ability."  Such  oath  or  affirmation  may  be  administered 
by  any  officer  authorized  to  administer  oaths  or  by  either  of  the 
judges  or  clerks.  Any  school  officer  elected  and  qualified  under 
the  provisions  of  this  chapter  is  authorized  and  empowered  to 
administer  any  oath  or  affirmation  pertaining  in  any  manner  to 
school  offices. 

§    55-      (676.)      ELECTION,  HOW  CONDUCTED  AND  VOTES  CANVASSED.] 

Such  election  shall  be  conducted  and  the  votes  canvassed  as 
provided  by  law  for  general  elections,  except  as  otherwise  pro- 
vided in  this  chapter.  Immediately  after  the  polls  are  closed  the 
judges  shall  proceed  to  count  and  canvass  the  votes  for  each 
person  voted  for  at  such  election  for  any  office,  and  the  person 
receiving  the  highest  number  of  votes  for  the  office  of  director 
or  treasurer  shall  be  declared  elected.  If  the  election  results  in 
a  tie  for  any  such  office,  the  district  clerk  shall  immediately 
notify  in  writing  the  parties  having  received  such  tie  votes,  and  a 
time  shall  be  agreed  upon  by  the  parties  within  three  days  after 
the  election,  at  which  the  election  shall  be  decided  in  the  manner 
that  may  be  agreed  upon  by  the  parties,  in  the  presence  of  the 
judges  and  clerks  of  election,  and  a  record  of  the  proceedings 
shall  be  made  in  the  records  of  the  district  clerk.  The  return  of 
the  number  of  votes  cast  for  each  person  for  county  superintend- 
ent of  schools,  shall  be  signed  by  such  judges  and  clerks  of 
election,  sealed  in  an  envelope  and  forwarded  to  the  county 
auditor  within  five  days  after  such  election. 

§  56.  (677.)  CERTIFICATES  OF  ELECTION.]  The  clerk  of  the 
school  district  shall  within  five  days  after  such  election  furnish 
each  person  elected  to  any  district  office  a  written  notice  of  his 
election,  and  that  he  shall  take  the  oath  of  office  as  such  officer 
on  or  before  the  second  Tuesday  in  July  following  such  election. 
He  shall  also  forward  to  the  county  superintendent  within  ten 


NORTH    DAKOTA.  37 


days  after  such  election,  a  certified  list  of  all  the  officers  elected 
thereat. 

§  57.  (678.)  OATH  OF  OFFICE.]  Each  person  elected  to  the 
office  of  school  director  or  treasurer  shall  before  entering  upon 
the  duties  of  his  office,  take  and  subscribe  the  oath  prescribed  in 
section  21 1  of  the  constitution,  which  oath  shall  be  filed  with  the 
clerk  of  the  school  district  board. 

ARTICLE  V. 

ORGANIZATION,   MEETINGS  AND  DUTIES  OF  DISTRICT  OFFICERS. 

Section.  Section. 

58.  District  School  Board— Quorum.  64.  When  Additional  Bond?  Required. 

59.  Organization — Clerk.  65.  School  Funds,  How  Paid  Out. 

60.  Meetings  of  Board— Fees.  66.  Warrants  to  be  Indorsed  Wl  en  no  Funds  to 

61.  Duties  of  the  President.  Pay. 

62.  Duties  of  Clerk — Compensation.  67.  Warrants,  What  to  Specify. 

63.  Treasurer's  Bond,  How  Approved — Vacancy         68.  Oath  and  Bonds,  Where  to  \  .  Filed. 

how  Filled.  69.     Salary  of  School  Treasurer. 

§  58.  (679.)  DISTRICT  SCHOOL  BOARD.  QUORUM.]  The  three 
school  directors  in  each  school  district  shall- constitute  the  district 
school  board.  A  majority  of  the  board  shall  constitute  a  quorum 
and  the  agreement  of  a  majority  shall  be  necessary  to  the  validity 
of  any  contract  entered  into  by  the  board. 

§  59.  (680.)  ORGANIZATION.  CLERK.]  The  school  board  shall 
meet  annually  on  the  second  Tuesday  in  July  and  organize  by 
choosing  one  of  the  members  president,  and  a  competent  person, 
not  a  member  of  the  board,  clerk,  who  shall  hold  his  office 
during  the  pleasure  of  the  board. 

§  60.  (68 1.)  MEETINGS  OF  BOARD.  FEES.]  The  board  shall 
on  the  second  Tuesday  in  January,  April, -July  and  October  of 
each  year,  hold  regular  meetings  for  the  transaction  of  business 
at  such  hour  and  place  as  may  be  fixed  by  the  board.  A  special 
meeting  may  be  held  upon  the  call  of  the  president  or  of  the 
other  two  members.  Written  notice  of  the  time  and  place  of  any 
special  meeting  shall  be  given  to  each  member  of  the  board  at 
least  forty-eight  hours  before  the  time  of  such  meeting.  Each 
member  of  the  board  shall  be  paid  the  sum  of  eight  dollars  per 
annum,  less  two  dollars  for  each  regular  meeting  which  he  fails 
to  attend. 

§  61.  (682.)  DUTIES  OF  THE  PRESIDENT.]  The  president 
shall  preside  at  all  meetings  of  the  board  and  shall  perform  such 
duties  as  usually  pertain  to  such  office  and  in  accordance  with 
the  customary  rules  of  order.  In  his  absence  a  president  pro  tent- 
pore  shall  preside.  The  president  shall  perform  suoh  other 
duties  as  are  prescribed  in  this  chapter. 

§  62.  (683.)  DUTIES  OF  CLERK.  COMPENSATION.]  The  clerk 
of  the  board  shall  keep  an  accurate  record  of  all  proceedings  of 
the  board,  give  or  post  all  notices,  make  out  all  reports  and 
statements  and  perform  all  other  duties  required  by  law  or  by  the 
board.  He  shall  receive  such  compensation  as  shall  be  fixed  by 
the  board,  not  less  than  five  nor  more  than  twenty-five  dollars  per 
annum. 


38  GENERAL  SCHOOL  LAWS, 

§  63.  (684.)  TREASURER'S  BOND,  HOW  APPROVED.  VACANCY 
HOW  FILLED.]  The  school  treasurer  shall,  on  or  before  the 
second  Tuesday  in  July  following  his  election  and  before  enter- 
ing upon  his  duties,  give  a  bond  to  the  school  district  conditioned 
for  the  honest  and  faithful  discharge  of  his  duties  and  that  he 
will  render  a  true  account  of  all  funds  and  property  that  shall 
come  into  his  hands  and  pay  and  deliver  the  same  according  to 
law.  Such  bond  shall  be  in  such  sum  as  may  be  fixed  by  the 
board,  but  not  less  than  double  the  sum  to  come  into  his  hands  in 
any  one  year  as  nearly  as  may  be  ascertained,  which  bond  shall 
be  signed  by  two  or  more  sufficient  sureties  to  be  approved  by  the 
school  board.  In  case  the  school  board  neglects  or  refuses  to 
approve  the  bon.d  of  such  treasurer  and  the  sureties  thereon,  such 
treasurer  may  present  the  same  to  the  county  superintendent  and 
serve  notice  thereof  upon  the  board  and  due  proof  of  such  notice 
being  made  to  the  county  superintendent,  he  shall  unless  good 
cause  for  delay  appears,  proceed  to  hear  and  determime  the 
sufficiency  of  the  bond  and  the  sureties  thereon,  and  may  approve 
or  disapprove  the  same  as  the  facts  warrant.  In  case  a  vacancy 
occurs  in  the  office  of  district  treasurer,  it  shall  be  the  duty  of  the 
county  treasurer  of  the  county  wherein  such  school  district  is 
located,  upon  being  notified  by  the  county  superintendent  or  clerk 
of  such  school  district  that  such  vacancy  exists,  to  perform  the 
duties  of  treasurer  of  such  school  district  until  the  vacancy  is  duly 
filled. 

§  64.  (685.)  WHEN  ADDITIONAL  BONDS  REQUIRED.]  Whenever 
the  amount  in  the  hands  of  the  treasurer  or  subject  to  his  order, 
exceeds  two-thirds  of  the  penal  sum  of  his  bond  or  when  in  the 
judgment  of  the  board  or  of  the  county  superintendent  the 
security  on  such  bond  is  impaired,  the  board  or  county  superin- 
tendent shall  require  an  additional  bond.  If  the  treasurer  fails 
for  twenty  days  to  give  such  additional  bond  the  office  shall  be 
declared  vacant  and  the  vacancy  shall  be  filled  as  provided  in 
this  chapter. 

§  65.  (686.)  SCHOOL  FUNDS,  HOW  PAID  OUT.]  The  school 
treasurer  shall  keep  such  accounts  and  make  such  reports  as  are 
required  of  him  by  law,  and  shall  publish  his  annual  statement  in 
a  newspaper  published  in  the  nearest  city  or  town  to  his  district. 
He  shall  pay  no  money  out  of  the  school  funds  in  his  hands 
except  upon  the  warrant  of  the  school  board  signed  by  the  presi- 
dent and  countersigned  by  the  clerk.  He  shall  pay  all  warrants 
properly  drawn  and  signed  when  presented,  if  there  is  any  money 
in  his  hands  or  subject  to  his  order  for  their  payment. 

§  66.  (687.)  WARRANTS  TO  BE  INDORSED  WHEN  NO  FUNDS  TO 
PAY.]  When  a  warrant  is  presented  to  the  treasurer  for  payment 
and  there  is  no  money  in  his  hands  or  subject  to  his  order 
belonging  to  the  proper  fund  for  the  payment  of  such  warrant, 
he  shall  indorse  on  such  warrant  "presented  for  payment  this. . . . 
day  of 18.  .and  not  paid  for  want  of  funds,"  and  shall 


NORTH    DAKOTA.  39 


sign  such  indorsement.  If  he  has  in  his  hands  or  subject  to  his 
order  money  for  the  part  payment  of  such  warrant,  he  shall 
make  such  part  payment  and  indorse  the  sum  on  the  war- 
rant and  add  "balance  not  paid  for  want  of  funds,"  signing  the 
same.  He  shall  keep  a  correct  register  of  all  warrants  so 
presented  and  indorsed.  Each  warrant  thus  presented  and 
indorsed  shall  draw  interest  on  the  amount  unpaid  at  eight  per 
cent  per  annum  from  the  date  of  such  presentation  and  indorse- 
ment until  paid \provided,  that  when  there  shall  come  into  the 
hands  of  the  treasurer  or  subject  to  his  order  money  applicable  to 
the  payment  of  any  warrant  which  has  been  so  presented  and 
registered,  the  treasurer  shall  notify  in  writing  by  mail  the 
drawee  of  such  warrant  at  his  last  known  place  of  residence  to 
present  such  warrant  for  payment,  and  interest  shall  cease  upon 
every  such  warrant  ten  days  after  such  notice  shall  have  been 
sent,  and  such  money  shall  be  held  for  the  payment  of  such 
warrant. 

§  67.  (688.)  WARRANTS,  WHAT  TO  SPECIFY.]  Each  warrant 
drawn  by  the  clerk  of  the  board  on  the  district  treasurer  must 
specify  the  purpose  for  which  it  is  drawn,  the  fund  on  which  it  is 
drawn,  and  the  person  to  whom  payable;  and  no  warrant  shall  be 
issued  except  for  an  indebtedness  incurred  prior  to  its  issue. 

§  68.  (689.)  OATH  AND  BONDS,  WHERE  TO  BE  FILED.]  All 
official  oaths  and  bonds  of  school  district  officers  shall  be  filed 
with  the  district  clerk,  who  shall  immediately  certify  to  the 
county  superintendent  the  fact  of  such  oaths  and  bonds  being 
filed.  In  case  of  the  breach  of  any  of  the  conditions  of  the 
treasurer's  bond,  the  board,  through  its  president,  and  in  case  of 
his  refusal  so  to  do,  the  county  superintendent  shall  cause  an 
action  to  be  commenced  and  prosecuted  thereon  in  the  corporate 
name  of  the  district,  and  any  money  collected  for  the  district 
shall  be  paid  to  the  district  treasurer  and  any  money  collected 
for  fines  shall  be  paid  into  the  county  treasury  and  be  credited  to 
the  general  school  fund  of  the  state.  If  the  board  and  county 
superintendent  both  fail  or  refuse  to  bring  such  action  any  tax- 
payer in  the  district  may  commence  and  prosecute  such  action, 
and  the  necessary  expense  thereof  shall  be  paid  out  of  the  district 
treasury  unless  otherwise  ordered  by  the  court. 

§  69.  (690.)  SALARY  OF  SCHOOL  TREASURER.]  The  school  treas- 
urer shall  be  paid' for  his  services  such  sum  as  shall  be  fixed  by  the 
board  not  less  than  five  nor  more  than  twenty-five  dollars  per 
annum. 


4O  GENERAL    SCHOOL    LAWS, 


ARTICLE  VI. 

POWERS   AND  DUTIES  OF   DISTRICT  SCHOOL  BOARDS. 

Section.  Section. 

70.     General  Powers.  80.     School  Houses  and  Sites,  How  Determined. 

'71.     Power  to  Establish  Schools.  81.  'School  House  Sites,  How  Obtained. 

72.  Repairs,  Fuel  and  Supplies.  82.     Schools  to  be  Organized  on    Petition. 

73.  Furniture,  Maps,  Registers,  School  Library.  83.     School  Terms,  How  Arranged — When  Schools 

74.  Teachers,    How    Employed — Salaries,    How  May  be  Discontinued. 

Graded.  84.  Additional  School  Time. 

75.  Pupils  from  Other  Districts.  85.  District  High  Schools,  How  Established  and 

76.  Rules — Suspension  of  Pupils.  Controlled. 

77.  Branches  of  Study.  86.  School  Census — Annual  School  Report. 

78.  Tax  Levy — Notice  to  County  Auditor.  87.  Records  Open  to  Inspection. 

79.  When    School    Houses    Can    be    Used  for        88.  Records  and  Teaching  in  English. 

Other  Purposes. 

§  70.  (691.)  GENERAL  POWERS.]  The  district  school  board 
shall  have  the  general  charge,  direction  and  management  of  the' 
schools  of  the  district,  and  the  care,  custody  and  control  of  all 
the  property  belonging  to  it,  subject  to  the  provisions  of  this 
chapter. 

§  71.  (692.)  POWER  TO  ESTABLISH  SCHOOLS.]  It  shall  organ- 
ize, maintain  and  conveniently  locate  schools  for  the  education  of 
children  of  school  age  within  the  district,  and  change  or  discon- 
tinue any  of  them  in  the  cases  provided  by  law. 

§  72.  (693.)  REPAIRS,  FUEL  AND  SUPPLIES.  It  shall  make  all 
necessary  repairs  to  the  school  houses,  outbuildings  and  appur- 
tenances, and  shall  furnish  fuel  and  all  necessary  supplies  for  the 
schools. 

§  73-  (694.)  FURNITURE,  MAPS,  REGISTERS,  SCHOOL  LIBRARY.] 
It  shall  furnish  to  each  school  all  necessary  and  suitable  furni- 
ture, maps,  charts  and  apparatus,  including  Webster's  Inter- 
national Dictionary.  The  school  registers  and  all  school  blanks 
used  shall  be  those  furnished  by  the  State  Department  of  Public 
Instruction.  It  shall  have  power  to  purchase  and  keep  for  the 
use  of  the  inhabitants  of  the  school  district  a  circulating  library 
of  the  value  of  not  more  than  fifty  dollars,  to  be  selected  by  the 
school  board  from  any  list  of  books  approved  by  the  Superin- 
tendent of  Public  Instruction,  and  furnished  to  the  county 
superintendents  for  that  purpose,  and  it  shall  not  purchase  any 
books  not  contained  in  such  list.  With  the  consent  of  a  majority 
of  the  voters  of  the  district  at  a  meeting  duly  called  for  that 
purpose,  due  notice  of  which  has  been  given  as -provided  by  law 
for  other  meetings  of  the  voters  of  the  school  district,  the  district 
school  board  may  purchase  and  select  a  library  of  the  value  of  more 
than  fifty  dollars  but  not  to  exceed  one  hundred  dollars  in  value. 
It  shall  have  the  care  and  custody  of  the  library  and  may  appoint 
as  librarian  any  suitable  person  including  one  of  their  own  num- 
ber. It  shall  make  rules  to  govern  the  circulation  and  care  of  the 
books  while  in  the  hands  of  pupils  or  other  persons  and  may 
impose  and  collect  penalties  for  injuries  done  to  any  book  by  the 
act,  negligence  or  permission  of  the  person  who  takes  the  same 


NORTH  DAKOTA.  4! 


or  while  in  his  possession.  No  book  shall  be  loaned  for  a  longer 
period  than  two  weeks  at  any  time  to  any  one  person  and  never 
to  any  person  not  a  resident  of  the  district.  The  library  shall  be 
open  at  least  once  each  week  for  the  accommodation  of  its 
patrons.  It  shall,  under  proper  rules,  permit  teachers  to  take 
books  from  the  library  to  their  schools  for  use  in  illustrating  any 
subject  and  for  instruction.  It  may  at  any  time  exchange  any 
part  or  all  of  its  library  with  any  other  district  or  person,  so  far 
as  different  books  may  be  so  obtained,  for  equal  values  of  the 
books  exchanged,  and  may  at  any  time  accept  donations  of 
books  for  the  library;  but  it  shall  exclude  therefrom  all  books 
unsuited  to  the  cultivation  of  good  character  and  good  morals 
and  manners,  and  no  sectarian  publications  devoted  to  the  discus- 
sion of  sectarian  differencies  and  creeds  shall  be  admitted  to  the 
library. 

§  74.  (695.)  TEACHERS,  HOW  EMPLOYED.  SALARIES,  HOW 
GRADED.]  It  shall  employ  the  teachers  of  the  school  district, 
and  may  dismiss  a  teacher  at  any  time  for  plain  violation  of  con- 
tract, gross  immorality  or  flagrant  neglect  of  duty."  No  person 
shall  be  permitted  to  teach  in  any  public  school  who  is  not  the 
holder  of  a  teacher's  certificate  or  a  permit  to  teach,  valid  in  the 
county  or  district  in  which  such  school  is  situated;  and  every 
contract  for  the  employment  of  a  teacher  must  be  in  writing,  and 
such  contract  must  be  executed  before  such  teacher  begins  to 
teach  in  such  schools.  It  shall  grade  the  salaries  of  teachers  for 
the  district  in  accordance  with  the  grades  of  certificates,  and  no 
teacher  holding  a  certificate  of  a  lower  grade  shall  be  paid  a 
salary  equal  to  or  in  excess  of  that  paid  to  a  teacher  holding  a 
certificate  of  a  higher  grade  in  the  same  district. 

§  75-  (696.)  PUPILS  FROM  OTHER  DISTRICTS.]  It  shall  have 
power  to  admit  to  the  schools  in  the  district,  pupils  from  other 
districts  when  it  can  be  done  without  injuring  or  overcrowding 
such  schools,  and  shall  make  regulations  for  their  admission  and 
the  payment  of  their  tuition.  It  shall  have  power  to  arrange 
with  the  board  of  an  adjacent  district  for  sending  to  such  district 
such  pupils  as  can  be  conveniently  taught  therein,  and  for  paying 
their  tuition.  It  shall  also  have  power  to  make  proper  and  need- 
ful rules  for  the  assignment  and  distribution  of  pupils  to  and 
among  the  schools  in  the  district  and. their  transfer  from  one 
school  to  another. 

§  76.  (697.)  RULES.  SUSPENSION  OF  PUPILS.]  It  shall  assist 
and  co-operate  with  teachers  in  the  government  and  discipline  of 
the  schools,  and  may  make  proper  rules  and  regulations  therefor. 
It  may  suspend  or  expel  from  school  any  pupil  who  is  insubor- 
dinate or  habitually  disobedient,  but  such  suspension  shall  not  be 
for  a  longer  period  than  ten  days  nor  such  expulsion  beyond  the 
end  of  the  current  term  of  school. 

§  77.  (698.)  BRANCHES  OF  STUDY.]  Subject  to  the  approval 
of  the  county  superintendent,  it  shall  have  power  to  determine 

s.  L.— 4. 


42  GENERAL  SCHOOL  LAWS, 

what  branches,  if  any,  in  addition  to  those  required  by  law  shall 
be  taught  in  any  school  of  the  district.  » 

§  78.  (699.)  TAX  LEVY.  NOTICE  TO  COUNTY  AUDITOR.]  It 
shall  have  power  to  levy  upon  the  property  in  the  district  a  tax 
for  school  purposes  of  not  exceeding  thirty  mills  on  the  dollar  in 
any  year,  which  levy  shall  be  made  by  resolution  of  the  board 
prior  to  the  twentieth  day  of  July.  The  clerk  shall  immediately 
thereafter  notify  in  writing  the  county  auditor  of  the  amount  of 
tax  so  levied.  It  shall  not  have  power  to  abate  or  reduce  the 
amount  of  tax  so  levied  after  the  county  auditor  has  been  notified 
of  the  amount  of  such  levy. 

§  79.  (700.)  WHEN  SCHOOL  HOUSES  CAN  BE  USED  FOR  OTHER 
PURPOSES.]  It  may  permit  a  school  house,  when  not  occupied 
for  school  purposes,  to  be  used  under  careful  restrictions  for  any 
proper  purpose,  giving  equal  rights  and  privileges  to  all  religious 
denominations  or  political  parties,  but  for  any  such  use  or  privi- 
lege it  shall  not  be  at  any  cost  for  fuel  or  otherwise  to  the 
district.  Nor  shall  any  furniture  which  is  fastened  to  the  floor  be 
removed,  anS  whoever  removes  any  school  furniture  for  any 
other  purpose  than  repairing  the  same  or  for  repairing  the  school 
room  shall  be  guilty  of  a  misdemeanor  and  shall  be  fined  not  less 
than  five  nor  more  than  ten  dollars  for  each  offense.  All  fines 
imposed  and  collected  under  the  provisions  of  this  section  shall 
be  paid  into  the  general  school  fund  of  the  State. 

§  80.  (701.)  SCHOOL  HOUSES  AND  SITES,  HOW  DETERMINED.] 
Whenever  in  the  judgment  of  the  board  it  is  desirable  or  neces- 
sary to  the  welfare  of  the  schools  in  the  district  or  to  provide  for 
the  children  therein  proper  school  privileges,  or  whenever  peti- 
tioned so  to  do  by  one-third  of  the  voters  in  the  district,  the 
board  shall  call  a  meeting  of  the  voters  in  the  district  at  some 
convenient  time  and  place  fixed  by  the  board  to  vote  upon  the 
question  of  the  selection,  purchase,  exchange  or  sale  of  a  school 
house  site,  or  the  erection,  removal  or  sale  of  a  school  house. 
The  president  of  the  board  shall  be  the  chairman  and  the  clerk 
of  the  board,  secretary  of  such  meeting.  In  case  either  of  these 
officers  is  not  present,  his  place  shall  be  filled  by  some  one  chosen 
by  the  voters  present.  Three  notices  of  the  time,  place  and 
purpose  of  such  meeting  shall  be  posted  in  three  public  places  in 
the  district  by  the  clerk,  at  least  ten  days  prior  to  such  meeting. 
If  a  majority  of  the  voters  present  at  such  meeting  shall  by  vote 
select  a  school  house  site,  or  shall  be  in  favor  of  the  purchase, 
exchange  or  sale  of  the  school  house,  as  the  case  may  be,  the 
board  shall  locate,  purchase,  exchange  or  sell  such  site,  or  erect, 
remove  or  sell  such  school  house,  as  the  case  may  be,  in  accord- 
ance with  such  vote;  provided,  that  it  shall  require  a  vote  of 
two-thirds  of  the  voters  present  and  voting  at  such  meeting  to 
order  the  removal  of  the  school  house  and  such  school  house  so 
removed  cannot  again  be  removed  within  three  years  from  the 
date  of  such  meeting. 


NORTH    DAKOTA.  43 


§  81.  (702.)  SCHOOL  HOUSE  SITES,  HOW  OBTAINED.]  The 
school  board  of  any  school  district  may  take  in  the  corporate 
name  thereof,  any  real  property  not  exceeding  two  acres  in  area 
chosen  as  a  site  for  school  house,  as  provided  in  this  chapter,  and 
may  hold  and  use  such  tract  for  school  purposes  only.  Should 
the  owner  of  such  real  property  refuse  or  neglect  to  grant  and 
convey  such  site,  a  site  for  such  school  house  may  be  obtained  by 
proceeding  in  eminent  domain  as  provided  in  the  code  of  civil 
procedure.  If  the  sight  so  selected  is  not  used  for  the  purposes 
for  which  it  is  taken  for  two  successive  years,  it  shall  revert  to 
the  original  owner  or  his  assigns  upon  repayment  of  the  sum 
originally  paid  by  the  corporation  together  with  a  reasonable  con- 
sideration for  the  improvement.  If  such  owner  or  his  assigns 
neglects  or  refuses  to  make  such  repayment  for  one  'year  after 
demand  therefor  by  the  board  such  site  shall  be  the  property  of 
the  district. 

§  82.  (703.)  SCHOOLS  TO  BE  ORGANIZED  ON  PETITION.]  If  a 
petition  signed  by  the  persons  charged  with  the  support  and 
having  the  custody  and  care  of  nine  or  more  children  of  school 
age,  all  of  whom  reside  not  less  than  two  and  one-half  miles  from 
the  nearest  school  is  presented  to  the  board  asking  for  the  organi- 
zation of  a  school  for  such  children,  the  board  shall  organize  such 
school  and  employ  a  teacher  therefor  if  a  suitable  room  for  such 
school  can  be  leased  or  rented  at  some  proper  location,  not  more 
than  two  and  one-half  miles  distant  from  the  residence  of  any  one 
of  such  children,  and  if  such  petition  is  signed  by  the  persons 
charged  with  the  support  and  having  the  custody  and  care  of 
twelve  or  more  of  such  children  the  board  shall  organize  a  school 
and  employ  a  teacher  therefor,  and  if  no  suitable  room  for  such 
school  can  be  leased  or  rented,  the  board  shall  call  a  meeting  of 
the  voters  of  the  district  for  the  selection  and  purchase  of  a 
school  house  site  therefor  and  the  purchase  or  erection  of  a  school 
house  as  provided  for  in  section  700.  If  at  such  meeting  no 
such  site  is  selected  or  if  it  is  not  voted  to  erect  or  purchase  a 
school  house  for  such  school  the  board  shall  select  and  purchase 
a  school  house  site,  and  erect,  purchase  or  move  thereon  a  school 
house  at  a  cost  of  not  more  than  seven  hundred  dollars  for  such 
house  and  furniture  therefor. 

§83.   (704.)   SCHOOL  TERMS,  HO.W  ARRANGED.   WHEN  SCHOOLS 

MAY  BE  DISCONTINUED.]  The  district  board  shall  determine  and 
fix  the  length  of  time  the  schools  of  the  district  shall  be  taught 
in  each  year,  and  when  each  term  of  school  shall  begin  and  end. 
It  shall  so  arrange  such  terms  as  to  accommodate  and  furnish 


school  privileges  equally  and  equitably  to  pupils  of  all  ages; 
provided,  that  every  common  school  shall  be  kept  in  session  for  at 
least  four  months  in  each  school  year,  and  in  each  district  in 
which  the  number  of  persons  of  school  age  is  an  average  of 
fifteen  or  more  to  the  school,  each  school  shall  be  kept  in  session 
for  at  least  six  months  in  each  school  year;  provided,  further,  that 


44  GENERAL  SCHOOL  LAWS, 

any  school  may  be  discontinued  when  the  number  of  pupils  of 
school  age  residing  nearest  to  such  school  shall  be  less  than  four, 
and  all  contracts  between  school  boards  and  teachers  shall 
contain  a  provision  that  no  compensation  shall  be  received  by 
such  teacher  from  the  date  of  such  discontinuance  or  when  with 
the  consent  of  a  majority  of  the  patrons  of  such  school  proper 
and  convenient  school  facilities  can  be  provided  for  the  pupils 
therein  in  some  other  school. 

§  84.  (705.)  ADDITIONAL  SCHOOL  TIME.]  If  a  majority  of 
the  patrons  of  any  school  averaging  for  its  last  term  twelve  or 
more  pupils  in  daily  attendance,  shall  petition  the  board  to 
continue  such  school  for  an  additional  time,  not  exceeding  nine 
months  in  any  school  year,  the  board  shall  continue  such  school 
for  that  length  of  time,  if  there  are  funds  in  the  treasury  sufficient 
for  that  purpose. 

§  85.  (706.)  DISTRICT  HIGH  SCHOOLS,  HOW  ESTABLISHED  AND 
CONTROLLED.]  In  any  district  containing  four  or  more  common 
schools  and  having  an  enumeration  of  sixty  or  more  persons  of 
school  age  residing  therein  the  board  may  call,  and  if  petitioned 
so  to  do  by  ten  or  more  voters  in  the  district,  shall  call  a  meeting 
of  the  voters  of  such  district  in  the  manner  prescribed  in  section 
700  to  determine  the  question  of  the  establishment  of  a  district 
high  school.  If  a  majority  of  the  voters  at  such  meeting  vote  in 
favor  of  establishing  such  high  school,  the  meeting  shall  further 
proceed  to  select  a  site  therefor  and  to  provide  for  the  erection 
or  purchase  of  a  school  building,  or  for  the  necessary  addition  to 
some  school  building  therefor.  Thereupon  the  board  shall  erect 
or  purchase  a  building  or  make  such  addition  for  such  high 
school,  as  shall  be  determined  at  such  meeting,  and  shall  estab- 
lish therein  a  district  high  school  containing  one  or  more 
departments,  and  employ  teachers  therefor.  Such  school  shall 
be  kept  in  session  for  such  time  each  year  not  less  than  three 
months,  as  the  board  may  determine.  The  board  shall,  subject 
to  the  approval  of  the  county  superintendent,  grade  such  high 
school  and  prescribe  the  studies  to  be  pursued  therein,  and  shall 
have  the  same  management  and  control  thereof  as  of  the  common 
schools  in  the  district.  Two  or  more  adjacent  school  districts 
may  join  in  the  establishment  and  maintenance  of  such  high 
school,  when  empowered  so  to  do  by  a  majority  of  the  voters  in 
each  district  at  a  meeting  called  and  held  as  provided  for  in  this 
section,  in  which  case  the  building  and  furniture  occupied  and 
used  for  such  high  school  shall  belong  to  the  districts  so  uniting, 
and  all  the  costs  of  maintaining  such  school,  including  wages  of 
teachers  and  all  necessary  supplies  shall  be  paid  by  such  districts 
in  proportion  to  the  assessed  valuation  of  the  property  in  each, 
and  the  employment  of  teachers  therefor,  and  the  management, 
control  and  grading  thereof  shall  be  vested  in  the  joint  boards  of 
such  districts,  subject  to  the  approval  of  the  county  superintend- 
ent of  the  county  in  which  such  school  is  situated. 


NORTH    DAKOTA.  45 


§86.  (707.)  SCHOOL  CENSUS.  ANNUAL  SCHOOL  RKPOKT.  |  The 
board  shall  cause  the  clerk  to  make  an  enumeration  each  year  of 
all  unmarried  persons  of  school  age,  being  over  six  and  under 
twenty  years  of  age,  having  their  legal  residence  in  the  district 
on  the  first  day  of  December  of  that  year,  giving  the  name  and 
age  of  such  persons  and  the  name  of  the  parent  or  guardian 
having  the  care  or  custody  of  each.  Such  enumeration  shall  be 
made  upon  and  in  accordance  with  the  blanks  furnished  therefor 
by  the  county  superintendent  and  shall  be  returned  to  the 
county  superintendent  prior  to  the  twentieth  day  of  Decem- 
ber. A  copy  of  such  enumeration  shall  also  be  kept  in  the 
office  of  the  district  clerk.  The  board  shall  also  cause  the 
district  clerk  to  make  out  an  annual  school  report  for  the  year 
beginning  January  first  and  ending  December  thirty-first,  contain- 
ing such  financial  and  statistical  statements  and  items  as  shall  be 
required  by  the  Superintendent  of  Public  Instruction  upon  and  in 
accordance  with  the  blanks  furnished  therefor  by  the  county  super- 
intendent. Such  report  shall  be  carefully  examined  and  certified 
as  correct  by  the  board  at  its  regular  meeting  in  January  and 
transmitted  to  the  county  superintendent  prior  to  the  first  day  of 
February  following.  A  copy  of  such  report  shall  be  filed  in  the 
district  clerk's  office. 

§  87.  (708.)  RECORDS  OPEN  TO  INSPECTION.]  All  reports, 
books,  records,  vouchers,  contracts,  and  papers  relating  to  school 
business  in  a  school,  district  in  the  office  of  the  clerk  or  treasurer, 
shall  at  all  times  be  open  to  the  inspection  of  any  director,  who 
shall  advise  and  aid  in  securing  correct  records  and  accounts  and 
legal  reports,  and  they  shall  likewise  be  open  to  the  Superinten- 
dent of  Public  Instruction,  and  county  superintendent  and  any 
particular  paper  or  record  shall  be  exhibited  at  reasonable  hours 
to  any  voter  or  tax  payer. 

§  88.  (709.)  RECORDS  AND  TEACHING  IN  ENGLISH.]  All 
reports  and  records  of  school  officers  and  proceedings  of  all 
school  meetings  shall  be  in  the  English  language,  and  if  any 
money  belonging  to  any  district  shall  be  expended  in  supporting 
a  school  in  which  the  English  language  shall  not  be  taught 
exclusively,  the  county  superintendent  or  any  taxpayer  of  the 
school  corporation  may  in  a  civil  action  in  the  name  of  the  cor- 
poration recover  for  such  corporation  all  such  money  from  the 
officer  so  expending  it  or  ordering  or  voting  for  its  expenditure. 


46  GENERAL   SCHOOL    LAWS, 

ARTICLE   VII. 

SCHOOL  FUNDS. 

Section.  Section. 

89.  State  Tuition  Fund,  How  Raised.  95.     Special  Districts  Entitled  to  Tuition  Fund. 

90.  County  Treasurer  to  Report  Funds   Quart-        96.     Treasurer's   Accounts — Annual   Settlement. 

erly — State  Superintendent  Apportions.  97.     When  County  Treasurer  to  Pay   Funds  to 

91.  Funds  Defined — How  Used.  District  Treasurer. 

92.  Funds  Controlled  and  Paid  Out  by  District        98.     County  Treasurer   to   Keep  Accounts  with 

Treasurer.  School  Corporations. 

93.  Not    Entitled    to   Tuition    Fund,      When —        99.     School  Taxes,  How  and  When  Collected. 

Enumeration. 

94.'    Apportionment  of  Funds  by  County  Super- 
intendent. 

§  89.  (710.)  STATE  TUITION  FUND,  HOW  RAISED.]  The  net 
proceeds  arising  from  all  fines  and  penalties  for  violation  of  state 
laws,  from  leasing  the  school  lands,  the  interest  and  income  from 
the  state  permanent  school  fund  together  with  the  school  poll 
tax  and  all  school  taxes  levied  by  a  general  law  shall  be  collected 
and  paid  into  the  state  treasury  in  the  same  manner  as  is  provided 
by  law  for  the  collection  and  payment  of  state  taxes,  and  shall 
constitute  the  state  tuition  fund,  which  shall  be  apportioned 
among  the  several  counties  of  the  state  in  proportion  to  the 
number  of  children  of  school  age  in  each,  as  shown  by  the  last 
enumeration  authorized  by  law. 

§  90.  (711.)  COUNTY  TREASURER  TO  REPORT  FUNDS  QUART- 
ERLY. STATE  SUPERINTENDENT  APPORTIONS.]  It  shall  be  the 
duty  of  the  county  treasurer  to  receive  from  the  proper  officers 
the  net  proceeds  of  fines,  penalties  and  forfeitures  for  violation  of 
state  laws,  to  collect  the  school  poll  tax  and  all  taxes  levied  for 
school  purposes  by  general  law,  and  all  moneys  arising  from 
leasing  school  lands  within  the  county,  and  to  forward  a  detailed 
statement  of  the  moneys  so  collected,  specifying  tl\e  amount 
received  from  each  of  the  above  sources,  to  the  state  auditor  at  the 
same  time  that  he  is  required  to  make  reports  of  other  moneys  to 
such  auditor.  It  shall  be  the  duty  of  the  State  Auditor  on  or 
before  the  third  Monday  in  February,  May,  August  and  Novem- 
ber in  each  year  to  certify  to  the  Superintendent  of  Public  Instruc- 
tion the  amount  of  the  state  tuition  fund  and  the  State  Superin- 
tendent shall  immediately  apportion  such  fund  among  the  several 
counties  of  the  state  in  proportion  to  the  number  of  children  of 
school  age  residing  in  each  as  shown  by  the  last  enumeration  pro- 
vided for  by  law,  and  certify  to  the  State  Auditor,  State  Treasurer 
and  to  the  county  treasurer  and  county  superintendent  of  each 
county,  the  amount  apportioned  to  the  respective  counties. 
Immediately  upon  receipt  of  such  apportionment  from  the  State 
Superintendent  as  herein  provided,  the  State  Auditor  shall  draw 
a  warrant  upon  the  State  Treasurer  for  the  full  amount  of  the 
State  Tuition  Fund  apportioned  to  the  several  counties  and  shall 
deliver  the  same  to  the  State  Treasurer  taking  his  receipt  therefor, 
and  shall  notify  the  several  county  treasurers  of  the  amount  due  their 
respective  counties  and  that  such  warrant  has  been  issued  therefor 


NORTH    DAKOTA.  47 


and  the  State  Treasurer  shall  pay  on  such  warrant  to  the  several 
county  treasurers  the  amount  due  their  respective  counties; 
provided,  however,  that  all  moneys  arising  from  interest  on  the 
permanent  school  fund  and  from  leasing  school  lands  shall  be 
apportioned  under  a  separate  item  and  such  money  shall  be  taken 
account  of  as  a  separate  item  by  all  officers  making  or  certifying 
such  apportionment,  or  through  whose  hands  any  portion  of  such 
fund  shall  pass  and  it  is  further  made  the  duty  of  the  district 
treasurer  to  keep  such  fund  separate  from  all  other  funds  and  if 
at  the  close  of  the  school  year  any  part  of  such  fund  which  was 
apportioned  prior  to  the  third  Monday  of  November  of  such  year 
remains  in  the  hands  of  the  district  treasurer,  he  shall  return  the 
same  to  the  county  treasurer  taking  his  receipt  therefor,  and  the 
county  treasurer  shall  return  all  such  funds  so  returned  or  that 
were  not  drawn  by  the  district  treasurer  from  the  county  treasurer 
to  the  State  Treasurer  who  shall  receipt  for  the  same,  and  the 
county  treasurer  shall  certify  to  the  State  Auditor  the  amount  so 
returned  to  the  State  Treasurer. 

§  91.  (712.)  FUNDS  DEFINED.  How  USED.]  All  money 
received  by  the  school  district  from  the  apportionment  made  by 
the  Superintendent  of  Public  Instruction  shall  constitute  and  be 
designated  the  State  Tuition  Fund.  All  money  received  from 
district  taxes,  from  subscription,  from  sale  of  property,  or  from 
any  other  source  whatever  except  from  apportionment  made  by 
the  Superintendent  of  Public  Instruction,  shall  be  designated  the 
special  fund.  In  addition  to  the  State  Tuition  Fund  and  the 
special  fund,  a  sinking  fund  may  be  established  as  provided  by 
this  article.  The  State  Tuition  Fund  shall  be  used  only  in  the  pay- 
ment of  teachers'  wages;  provided,  that  if  the  State  Tuition  Fund 
apportioned  to  any  district  in  any  one  year  is  insufficient  for  the 
payment  of  teachers'  wages  in  such  district  any  money  on  hand 
or  available  belonging  to  the  special  fund  of  such  district  may 
be  applied  to  meet  such  deficiency;  provided,  further,  that  if  the 
State  Tuition  Fund  apportioned  to  any  one  district  in  any  one 
year  is  more  than  sufficient  for  the  payment  of  teachers'  wages 
in  such  district  the  portion  of  such  fund  in  excess  of  the  amount 
so  required  may  be  applied  to  the  payment  of  warrants  drawn 
upon  the  special  fund  of  such  district,  if  such  district  has  school 
the  required  number  of  months  during  such  year  as  required  by 
law. 

§   92.       (713.)       FUNDS    CONTROLLED    AND    PAID    OUT    BY     DISTRICT 

TREASURER.]  All  funds  shall  be  kept  in  the  possession  or  under 
the  control  of  and  paid  out  by  the  district  treasurer,  and  he  shall 
keep  one  general  account  for  each  district  of  the  entire  receipts 
and  expenditures,  and  separate  itemized  accounts  as  herein  pro- 
vided for  each  class  of  receipts  and  expenditures.  His  books 
shall  at  all  times  show  by  entries  under  proper  heads  all  receipts 
of  funds  and  payments  therefrom,  so  as  to  enable  any  person 
readily  to  ascertain  any  balance  in  any  account  or  any  funds. 


48  GENERAL    SCHOOL    LAWS, 

§  93.  (714.)  NOT  ENTITLED  TO  TUITION  FUND,  WHEN.  ENU- 
MERATION.] No  school  district  shall  be  entitled  to  receive  any 
portion  of  the  State  Tuition  Fund  that  fails  to  make  a  report  of 
the  enumeration  of  children  of  school  age  in  the  manner  pro- 
vided by  law,  nor  until  such  enumeration  has  been  taken  and 
reported  as  required  by  law.  The  county  superintendent  of 
schools  shall  not  authorize  the  payment  of  money  apportioned 
to  any  district  unless  the  bond  and  oath  of  such  treasurer  duly 
approved  and  certified  are  on  file  in  the  office  of  the  district  clerk 
and  a  certificate  thereof  filed  in  the  office  of  the  county  superin- 
tendent. New  districts  organized  after  the  annual  enumeration 
has  been  taken  shall  proceed  immediately  to  take  the  enumera- 
tion as  provided  by  law,  and  after  the  receipt  of  such  enumeration 
by  the  Superintendent  of  Public  Instruction  through  the  county 
superintendent,  the  newly  organized  districts  shall  receive  their 
proportionate  share  of  the  funds  to  be  apportioned. 

§  94.  '(715.)  APPORTIONMENT  OF  FUNDS  BY  COUNTY  SUPERIN- 
TENDENT.] Within  thirty  days  and  in  not  less  than  twenty  days 
after  receiving  the  certificate  of  apportionment  from  the  Super- 
intendent of  Public  Instruction  the  county  superintendent  shall 
apportion  separately  to  the  several  school  districts,  special 
districts  and  districts  organized  under  special  law,  which  are 
entitled  to  any  portion  of  the  State  Tuition  Fund  within  the 
county  in  proportion  to  the  number  of  children  residing  in  each 
over  six  and  under  twenty  years  of  age,  excluding  all  married 
persons,  as  appears  from  the  last  enumeration  authorized  by  law 
upon  which  the  Superintendent  of  Public  Instruction  made  the 
apportionment  to  the  several  counties,  and  he  shall  immediately 
notify  each  district  treasurer  of  the  amount  of  money  due  his 
school  district,  and  shall  certify  to  the  county  treasurer  and  to 
the  county  auditor  the  amount  due  each  school  district.  The 
county  treasurer  shall  deliver  to  the  several  district  treasurers 
upon  the  order  of  the  county  auditor  the  amounts  apportioned  to 
their  respective  districts,  taking  a  receipt  therefor. 

§  95.  (716.)  SPECIAL  DISTRICTS  ENTITLED  TO  TUITION  FUND.] 
Special  school  districts  shall  be  entitled  to  receive  their  proportion 
of  the  State  Tuition  Fund;  provided  that  the  clerk  or  secretary  of 
the  board  of  education  thereof  shall  make  a  report  to  the  county 
superintendent  of  the  enumeration  of  children  of  school  age 
therein  at  the  time  and  in  the  manner  prescribed  in  this  chapter 
for  other  school  districts  to  report  the  same. 

§  96.  (717.)  TREASURER'S  ACCOUNTS.  ANNUAL  SETTLEMENT.] 
The  district  treasurer  shall  open  new  accounts  with  each  fund  at 
the  beginning  of  each  school  year  and  the  balance  in  each  fund 
shall  be  brought  down  and  become  the  first  entry  in  opening  the 
account  for  the  new  year.  On  the  Tuesday  in  January  succeeding 
the  annual  meeting  of  the  school  board  in  each  year,  the  school 
board  shall  make  settlement  with  the  district  treasurer  and  shall 
carefully  examine  his  books,  accounts  and  vouchers  and  shall 


NORTH    DAKOTA.  49 


ascertain  if  the  amount  of  all  warrants,  bonds  and  coupons  paid 
and  redeemed  or  paid  in  part  together  with  the  cash  in  his  hands 
or  under  his  control,  is  equal  to  the  amount  of  the  cash  on  hand 
at  the  beginning  of  the  school  year,  together  with  all  money 
received  by  him  from  all  sources  for  school  purposes  during  the 
year.  The  district  treasurer  shall  deliver  to  the  board  at  such 
annual  meeting  all  warrants,  bonds  and  coupons  paid  and 
redeemed  by  him  during  the  school  year  and  held  by  him  as 
vouchers  taking  the  receipt  of  the  board  therefor,  and  such 
vouchers  shall  forthwith  be  filed  with  the  district  clerk.  He  shall 
at  that  meeting  make  his  annual  report  in  triplicate,  one  copy  to 
be  preserved  in  the  treasurer's  office,  one  to  be  filed  with  the  clerk 
of  the  school  board,  and  one  to  be  transmitted  to  the  county 
superintendent  of  schools,  and  the  board  shall  cause  to  be  pub- 
lished an  itemized  statement  of  the  receipts  and  expenditures  of 
the  preceding  year.  The  treasurer's  reports  shall  show  the 
following: 

RECEIPTS. 

The  balance  at  the  close  of  the  year. 
The  amount  received  into  the  State  Tuition  Fund. 
The  amount  received  into  the  Special  Fund. 
The  amount  received  into  the  Sinking  Fund. 

EXPENDITURES. 

The  amount  paid  for  school  houses,  sites  and  furniture. 

The  amount  paid  for  apparatus  and  fixtures. 

The  amount  paid  for  teachers'  wages. 

The  amount  paid  for  services  and  expenses  of  school  officers. 

The  amount  paid  for  redemption  of  bonds. 

The  amount  paid  for  interest  on  bonds. 

The  amount  paid  for  incidental  expenses. 

The  cash  on  hand  at  the  close  of  the  school  year. 

Such  report  shall  include  such  other  items  as  may  be  required 
by  the  district  board  or  the  Superintendent  of  Public  Instruction, 
and  shall  be  upon  and  in  conformity  with  the  blanks  furnished 
him  for  that  purpose. 

§  97.  (718.)  WHEN  COUNTY  TREASURER  TO  PAY  FUNDS  TO  DIS- 
TRICT TREASURER.]  The  treasurer  of  each  district  shall  apply  to 
the  county  auditor  for  an  order,  and  the  county  treasurer,  shall 
pay  over  to  him  on  such  order  all  of  the  school  money  collected 
for  such  district  and  all  school  money  apportioned  to  such  district 
by  the  county  superintendent,  and  the  county  auditor  shall  issue 
such  order  when  notified  by  the  county  superintendent  in  writing 
that  such  district  treasurer  has  qualified  and  filed  his  oath  and 
bond  as  provided  by  law.  But  no  such  notice  of  qualification  is 
required  during  the  term  of  each  district  treasurer,  and  when  a 


5<D  GENERAL   SCHOOL    LAWS, 

new  one  is  appointed  for  any  reason  or  the  incumbent  has  become 
disqualified,  the  clerk  of  the  school  board  shall  so  inform  the 
county  superintendent,  who  shall  also  inform  the  county  auditor. 
It  shall  be  the  duty  of  the  county  treasurer  when  payment  is 
made  to  any  school  treasurer  of  any  funds  herein  provided  for, 
immediately  to  notify  the  clerk  of  the  school  board  of  the 
payment  of  the  same. 

§  98.  (719.)  COUNTY  TREASURER  TO  KEEP  ACCOUNTS  WITH 
SCHOOL  CORPORATIONS.]  Each  county  treasurer  shall  keep  a 
regular  account  with  each  school  corporation,  in  which  he  shall 
charge  himself  with  all  taxes  collected  by  levy  of  the  district 
school  board  and  all  sums  apportioned  to  the  district  by  the 
county  superintendent  or  other  authority,  and  all  sums  received 
for  the  district,  and  he  shall  credit  himself  with  all  payments 
made  to  the  treasurer  of  the  district,  distinguishing  between  the 
items  paid  by  apportionment,  those  from  local  taxes,  and  those 
from  other  sources.  He  shall  -also  credit  himself  with  all  pay- 
ments for  redemption  or  indorsement  of  warrants  in  the  collection 
of  taxes  and  shall  deliver  to  the  district  treasurer  a  duplicate  tax 
receipt  for  the  amount  of  each  warrant  so  indorsed  or  redeemed 
together  with  all  warrants  so  redeemed,  at  the  time  of  making 
other  regular  payments  to  the  district  treasurer.  To  these  credits, 
to  balance  the  accounts,  he  shall  add  all  items  for  legal  fees,  for 
collection  and  other  duties. 

§  99.  (720.)  SCHOOL  TAXES,  HOW  AND  WHEN  COLLECTED.]  It 
shall  be  the  duty  of  the  county  treasurer  to  collect  the  taxes  for 
school  purposes  at  the  same  time  and  in  the  same  manner  that 
the  county  and  State  taxes  are  collected,  and  full  power  is  hereby 
given  to  him  to  sell  property  for  school  taxes  the  same  as  is 
provided  by  law  for  the  collection  of  other  taxes.  Whenever  an 
error  occurs  in  any  school  corporation's  tax  list  the  district 
school  board  or  board  of  education  in  special  districts  may 
correct  such  errors  and  refund  such  taxes  improperly  collected. 
All  penalties  and  interest  collected  on  delinquent  school  taxes 
shall  be  applied  to  the  proper  fund  to  which  such  delinquent 
taxes  belong. 

ARTICLE  VIII. 

TAXES. 

Section.  Section. 

100.  School  Board  to  Levy  Tax.  103.     Statement  of  Assessed  Valuation. 

101.  Tax,  How  Levied.  104.     Indebtedness   of    District,    How    Adjusted 

102.  Maximum  Levy  for  Final  Judgment— Taxes  When  Board  Illegal  or  Failure  to  Elect. 

to  be  Uniform. 

§  100.  (721.)  SCHOOL  BOARD  TO  LEVY  TAX.]  Each  district 
school  board  shall  have  power  and  it  shall  be  its  duty  to  levy 
upon  all  the  property  subject  to  taxation  in  the  district  a  tax  for 
school  purposes  of  all  kinds  authorized  by  law,  not  exceeding  in 
the  aggregate  a  rate  of  thirty  mills  on  the  dollar  in  any  one  year. 


NORTH  DAKOTA. 


Such  tax  shall  be  levied  by  resolution  of  the  board  prior  to  the 
twentieth  day  of  July  in  each  year,  which  resolution  shall  be 
entered  in  the  records  of  the  proceedings  of  the  board.  The 
clerk  shall  immediately  thereafter  notify  the  county  auditor  in 
writing  of  the  amount  of  tax  so  levied,  and  such  notice  shall  be 
in  substantially  the  following  form: 
State  of  North  Dakota,  ) 

County  of  f  ss. 

School  District ) 

To 

County  Auditor  of County. 

Sir: 

You  are  hereby  notified  that  the  school  board  of 

school  district  has  levied  a  tax  of dollars  upon  all  real 

and  personal  property  in  said  school  district  for  school  purposes. 
You  will  duly  enter  and  extend  such  tax  upon  the  county  tax  list 
for  collection,  upon  the  taxable  property  of  such  school  district 
for  the  current  year. 

Dated  at this day  of 189.. 


District  Clerk. 

The  notice  of  a  tax  to  pay  any  judgment  against  the  district 
shall  be  in  addition  to  the  regular  tax  and  shall  be  certified  to  the 
county  auditor  under  the  same  general  form,  as  near  as  may  be; 
provided,  that  if  the  boundaries  of  such  district  shall  embrace  a 
portion  of  two  counties  then  the  clerk  of  such  district  shall  certify 
to  the  county  auditor  of  the  county  in  which  is  located  the 
original  district  to  which  such  portion  of  the  district  embraced 
in  the  other  county  is  attached,  in  addition  to  the  tax  levy  above 
mentioned,  a  list  and  valuation  of  all  property  subject  to  taxation 
in  such  portion  of  such  district  embraced  in  the  other  county,  as 
shown  by  the  assessor  making  the  assessment  in  such  county, 
township  or  assessor's  district,  and  the  auditor  shall  enter  such 
property  upon  the  tax  duplicate  of  his  county  and  levy  all  school 
taxes  upon  the  same,  and  the  county  treasurer  of  the  county  shall 
collect  the  taxes  levied  thereon  the  same  as  other  taxes  are 
collected  and  pay  the  same  over  to  the  treasurer  of  the  district 
entitled  thereto. 

§  101.  (722.)  TAX,  HOW  LEVIED.]  The  county  auditor  of 
each  county  shall  at  the  time  of  making  the  annual  assessment 
and  levy  of  taxes,  levy  a  tax  of  one  dollar  on  each  elector  in  the 
county  for  the  support  of  common  schools,  and  a  further  tax  of 
two  mills  on  the  dollar  upon  all  the  taxable  property  in  the 
county,  to  be  collected  at  the  same  time  and  in  the  same  manner 
as  other  taxes  are  collected,  which  shall  be  apportioned  by  the 
county  superintendent  of  schools  among  the  school  districts  of 
the  county  as  provided  by  law. 

§  102.  (723.)  MAXIMUM  LEVY  FOR  FINAL  JUDGMENT.  TAXES 
TO  BE  UNIFORM.]  When  any  final  judgment  shall  be  obtained 


52  GENERAL    SCHOOL    LAWS, 

against  a  school  district  the  board  thereof  shall  levy  a  tax  upon 
the  taxable  property  of  such  district  not  exceeding  in  amount 
twenty  mills  on  the  dollar  in  any  one  year,  which  shall  be  used  in 
the  payment  thereof.  The  county  auditor  shall  make  out,  charge 
and  extend  upon  the  tax  list  against  each  description  of  real 
property  and  against  all  personal  property,  and  upon  all  taxable 
property  of  the  district,  all  such  taxes  for  schools  and  judgments 
he  is  so  notified  has  been  levied  by  the  district  in  which  the 
property  is  situated  and  taxable,  in  the  same  manner  in  which  the 
county  and  State  tax  list  is  prepared,  and  deliver  it  to  the  county 
treasurer  at  the  same  time.  All  taxes  for  school  purposes  shall 
be  uniform  upon  the  property  within  each  school  district. 

§  103.  (724.)  STATEMENT  OF  ASSESSED  VALUATION.]  Each 
assessor  shall  on  or  before  the  first  "day  of  July  in  each  year 
furnish  to  the  clerk  of  the  school  district,  to  the  county  superin- 
tendent of  schools  and  to  the  county  auditor  a  statement  of  the 
assessed  valuation  of  all  the  property  in  such  corporation  subject 
to  taxation. 

§  104.     (725.)     INDEBTEDNESS    OF     DISTRICT,    HOW    ADJUSTED 

WHEN    BOARD     ILLEGAL     OR     FAILURE     TO     ELECT.]       If     any     School 

district  in  the  State  has  for  one  or  more  years  past,  either  through 
failure  to  elect  a  school  board  or  through  failure  of  the  county 
superintendent  to  appoint  a  school  board,  been  without  a  legal 
school  board  or  if  hereafter  any  school  district  through  such  failure 
to  elect  or  to  appoint  such  school  board  shall  be  without  such  legal 
school  board,  and  such  district  shall  have  an  authorized  indebted- 
ness either  in  bonds,  interest  due  on  bonds  or  otherwise,  it  shall 
be  the  duty  of  the  county  superintendent,  the  county  treasurer 
and  county  auditor,  acting  as  a  board  of  adjusters,  to  assess  upon 
the  taxable  property  of  such  school  corporation  a  tax  not  to 
exceed  twenty  mills  on  the  dollar  in  any  one  year  upon  the 
assessed  valuation  thereof  for  the  payment  of  the  same.  Which 
tax  so  levied  shall  be  extended  upon  the  tax  lists  by  the  county 
auditor  and  be  collected  by  the  county  treasurer  as  other  taxes 
are  collected  and  shall  be  applied  upon  and  used  for  the  payment 
of  such  indebtedness,  and  shall  be  paid  to  the  creditors  of  such 
district  upon  the  warrant  of  the  county  auditor  countersigned  by 
the  county  superintendent,  and  all  warrants,  bonds,  interest 
coupons,  receipted  bills  or  accounts  shall  be  filed  in  the  office  of 
the  county  auditor  and  in  case  such  school  corporation  has  a 
bonded  indebtedness,  it  shall  be  the  duty  of  such  board  of 
adjusters  to  levy  a  tax  upon  the  property  of  such  district  suffi- 
cient to  create  a  sinking  fund  for  the  redemption  of  such  bonds 
upon  the  maturity  of  the  same,  such  sinking  fund  to  be  levied 
and  provided  for  in  compliance  with  the  requirements  of  such 
bonds. 


NORTH    DAKOTA. 


ARTICLE  IX 

VA» 

Section.  Section, 

trancy  in  Office  of  Superintendent  Pub-  107.     Vacancy  •  Otin.  of  Director  or  Tteasora, 

he  Instruction  Filled  by  Appointment.  How  Filled. 

106.     Vacancy  in  Office  of  County   Superinten-  108.     Vacancy  in  Office  of  Clerk.  How  FiDed. 

dent,  How  Filled.  109.     Office,  When  Deemed  Vacant. 

§  105.  (726.)  VACANCY  IN  OFFICE  SUPERINTENDENT  PUBLIC 
INSTRUCTION  FILLED  BY  APPOINTMENT.]  Should  a  vacancy  occur 
in  the  office  of  the  Superintendent  of  Public  Instruction,  the 
Governor  shall  have  power  and  it  shall  be  his  duty  to  fill  such 
vacancy  by  appointment,  which  appointment  shall  be  valid  until 
the  next  general  election  and  until  his  successor  is  elected  and 
qualified. 

§  106.  -:-  VACANCY  IN  OFFICE  OF  COUNTY  SUPERINTEN- 
DENT, HOW  FILLED.]  Should  a  vacancy  occur  in  the  office  of 
county  superintendent  of  schools,  the  board  of  county  commis- 
sioners of  such  county  shall  have  power  and  it  shall  be  their  duty 
to  fill  such  vacancy  by  appointment,  as  provided  by  law,  which 
appointment  shall  be  valid  until  the  next  annual  school  election. 
The  county  auditor  shall  immediately  notify  the  Superintendent 
of  Public  Instruction  of  such  appointment. 

§  107.  (728.)  VACANCY  IN  OFFICE  OF  DIRECTOR  OR  TREASURER, 
HOW  FILLED.]  When  any  vacancy  occurs  in  the  office  of  director 
or  treasurer  of  a  school  district  by  death,  resignation,  removal 
from  the  district,  or  otherwise,  the  fact  of  such  vacancy  shall  be 
immediately  certified  to  the  county  superintendent  by  the  clerk 
of  the  district,  and  such  superintendent  shall  immediately  appoint 
in  writing  some  competent  person,  who  shall  qualify  and  serve 
until  the  next  annual  school  election.  The  county  superintendent 
shall  at  the  same  time  notify  the  clerk  of  the  school  district  and 
the  county  auditor  of  every  such  appointment. 

§  1 08.  (729.)  VACANCY  IN  OFFICE  OF  CLERK,  HOW  FILLED.] 
Should  the  office  of  clerk  of  a  school  district  become  vacant,  the 
school  board  shall  immediately  fill  such  vacancy  by  appointment 
and  the  president  of  the  board  shall  immediately  notify  the 
county  superintendent  and  the  county  auditor  of  such  appoint- 
ment.* 

§  I09-  (73°-)  OFFICE,  WHEN  DEEMED  VACANT.]  Any  office 
of  a  school  district  shall  become  vacant  by  resignation  of  the 
incumbent  thereof,  but  such  resignation  shall  not  take  effect  until 
a  successor  has  qualified  according  to  law.  Any  office  of  a 
school  district  shall  be  deemed  vacant  if  the  person  duly  elected 
thereto  shall  neglect  or  refuse  for  the  period  of  two  weeks  after 
the  beginning  of  the  term  for  which  he  was  elected,  to  accept  and 
qualify  for  such  office  and  serve  therein.  Any  school  officer  may 
be  removed  from  office  by  a  court  of  competent  jurisdiction,  as 
provided  by  law. 


54  GENERAL    SCHOOL    LAWS, 

ARTICLE  X. 

EQUALIZATION   OF   INDEBTEDNESS. 

Section.  Section. 

no.     Equalization    of  Indebtedness,  by  Arbitra-  113.     Proceeds    to   be  Turned   Over  to  the    Re- 

tion.  spective    Districts. 

in.  Tax  to  Equalize  and  Pay  Previous  Debts.  114.  Maximum  Tax  Levy  for  all  School  Pur- 
112.  Maximum  Annual  Tax  Levy  for  Such  poses. 

Purposes. 

§  no.  (731.)  EQUALIZATION  OF  INDEBTEDNESS,  BY  ARBITRA- 
TION.] After  the  boundaries  of  a  school  district  have  been 
established  as  provided  for  in  this  chapter,  all  school  districts  or 
parts  of  school  districts  that  existed  as  school  corporations  before 
the  taking  effect  of  this  code  and  that  are  now  included  in  one 
school  district  shall  effect  an  equalization  of  property,  funds  on 
hand  and  debts.  To  effect  this  each  school  board  of  such  cor- 
poration, constituting  a  school  district  under  the  operation  of 
this  chapter,  shall  select  one  arbitrator  and  the  several  arbitra- 
tors so  selected  together  with  the  county  superintendent  shall 
constitute  a  board  of  arbitration  to  effect  such  equalization.  If 
in  any  case  the  number  of  abitrators,  including  the  county  super- 
intendent shall  be  an  even  number,  the  county  treasurer  shall  be 
included  and  be  a  member  of  such  board.  The  county  superin- 
tendent shall  fix  the  time  and  place  of  such  meeting. 

§    III.       (732.)       TAX    TO    EQUALIZE    AND     PAY     PREVIOUS     DEBTS.] 

Such  board  shall  take  an  account  of  the  assets,  funds  on  hand,  the 
debts  properly  and  justly  belonging  to  or  chargeable  to  each  cor- 
poration or  part  of  a  corporation  as  it  or  they  existed  heretofore, 
and  levy  such  a  tax  against  each  as  will  in  its  judgment  justly 
and  fairly  equalize  their  several  interests. 

§  112.  (733.)  MAXIMUM  ANNUAL  TAX  LEVY  FOR  SUCH  PUR- 
POSES.] When  the  amounts  to  be  levied  upon  the  several  corpora- 
tions or  parts  of  corporations  mentioned  in  the  preceding  section 
shall  be  fixed,  a  list  thereof  shall  be  made  wherein  the  amount 
shall  be  set  down  opposite  each  corporation.  The  whole  shall 
be  stated  substantially  in  the  form  herein  required  for  certifying 
school  taxes  and  addressed  to  the  county  auditor,  and  shall  be 
signed  by  a  majority  of  such  board  of  arbitration;  such  levy  shall 
be  deemed'  legal  and  valid  upon  the  taxable  property  of  each 
corporation;  provided,  how  ever,  that  not  more  than  fifteen 'mills 
thereof  shall  be  extended  against  such  taxable  property  in  any  one 
year,  and  such  a  levy  not  exceeding  fifteen  mills  on  the  dollar  shall 
be  extended  as  in  this  section  provided,  from  year  to  year,  until  the 
whole  amount  shall  be  so  levied.  The  county  auditor  shall  pre- 
serve such  levies  and  shall  extend  the  several  rates  from  year  to 
year,  as  above  required  by  law  for  district  taxes  and  the  taxes 
shall  be  collected  at  the  same  time  and  in  the  same  manner  as 
other  taxes  are  collected. 

§  113.  (734.)  PROCEEDS  TO  BE  TURNED  OVER  TO  THE  RE- 
SPECTIVE DISTRICTS.]  Opposite  the  several  descriptions  of 


NORTH    DAKOTA.  55 


property  on  the  tax  list  shall  be  entered  the  school  district 
within  which  it  lies,  and  all  the  proceeds  of  these  equalizing 
taxes  shall  be  collected  and  paid  over  to  the  treasurer  of  the 
proper  school  district  within  which  the  property  is  situated.  The 
proceeds  of  taxes  upon  parts  of  districts  lying  outside  of  the  dis- 
tricts as  at  present  constituted,  with  which  they  were  equalized, 
shall  be  paid  to  the  treasurer  of  the  school  district  within  which 
the  property  is  situated,  the  same  as  hereinbefore  provided  for 
regular  taxes. 

§    114.       (735.)      MAXIMUM  TAX  LEVY  FOR  ALL  SCHOOL  PURPOSES.] 

The  taxes  levied  for  purposes  of  equalization  shall  be  in  addition 
to  all  other  taxes  for  school  purposes;  provided,  that  all  taxes  for 
school  purposes,  including  such  taxes  for  equalization,  shall  not 
exceed  thirty  mills  on  the  dollar  in  any  one  year.  The  provi- 
sions of  this  article  shall  apply  to  and  govern  all  school  districts 
and  parts  of  school  districts  hereafter  divided  or  consolidated 
with  each  other,  or  with  other  districts  in  the  division  uniting  or 
apportionment  of  their  debts  and  liabilities  or  property  and  assets. 

ARTICLE  XI. 

EXAMINATIONS  AND   CERTIFICATES. 

Section.  Section. 

115.  Examinations  for  Teachers'  Certificates.  121.     Qualifications  of  Teachers — C  ontracts, 

116.  Professional  Certificates,  Who  Entitled.  When  Void. 

117.  Normal  Certificates,  Who  Entitled.  122.     Fee  for  Certificate. 

118.  Fee  for  Certificate— Certificate,    How  Re-  123.     Certificates,  When  Revocable. 

voked.  124.     Proceedings  to  Revoke — Teachers  Allowed 

119.  Examination  of  Teachers  by  County  Super-  Defense. 

intendent. 

120.  Teachers    Grades,    How    Established — Re- 

examinations,  When  Allowed. 

§  115.  (736.)  EXAMINATIONS  FOR  TEACHERS'  CERTIFICATES.] 
The  Superintendent  of  Public  Instruction  shall  prepare  or  cause 
to  be  prepared  all  questions  for  the  examination  of  applicants  for 
teachers'  certificates  both  county  and  State,  and  shall  prescribe 
rules  for  the  conduct  of  all  such  examinations. 

§  116.  (737.)  PROFESSIONAL  CERTIFICATES,  WHO  ENTITLED.] 
He  jnay  issue  a  State  certificate  to  be  valid  for  life,  unless  sooner 
revoked,  to  be  known  as  a  professional  certificate.  Such  certifi- 
cate shall  be  issued  only  to  those  persons  of  good  moral  character, 
who  pass  a  thorough  examination  in  all  the  branches  included  in 
the  courses  of  study  prescribed  for  the  common  and  high  schools 
of  the  State,  including  methods  of  teaching  and  such  other 
branches  as  the  Superintendent  of  Public  Instruction  may  direct. 
Such  certificates  shall  in  no  case  be  granted  unless  the  applicant 
has  had  an  experience  as  a  teacher  of  at  least  five  years,  and  can 
satisfy  such  superintendent  of  his  ability  to  instruct  and  properly 
manage  any  high  school  of  the  State.  Such  certificate  shall  be 
valid  throughout  the  State  and  the  holder  shall  be  authorized  to 
teach  in  any  of  the  common  or  high  schools  of  the  State  without 


56  GENERAL    SCHOOL    LAWS, 

further  examination;  provided,  that  any  person  who  is  a  graduate 
of  the  four  years'  normal  course  in  the  University  of  North 
Dakota,  and  has  had  three  years  successful  experience  as  a 
teacher,  may  be  granted  such  professional  certificate  without 
further  examination;  provided,  further,  that  if  the  holder  of  a 
professional  certificate  shall  at  any  time  cease  to  teach,  or  to  be 
engaged  in  other  active  educational  work  for  the  space  of  three 
years,  he  shall  be  liable  to  a  re-examination  and  to  the  cancella- 
tion of  his  certificate,  subject  to  such  rules  as  may  be  prescribed 
by  such  superintendent. 

§  117.  (738.)  NORMAL  CERTIFICATE,  WHO  ENTITLED.]  He 
may  issue  a  State  certificate,  to  be  valid  for  a  term  of  five  years, 
unless  sooner  revoked,  to  be  known  as  a  normal  certificate.  Such 
certificate  shall  be  issued  only  to  those  persons  of  good  moral 
character  who  have  completed  the  prescribed  course  of  study  in 
one  of  the  normal  schools  of  the  state  or  in  a  normal  school 
elsewhere  having  an  established  reputation  for  thoroughness,  but 
the  Superintendent  of  Public  Instruction  may  examine  any  such 
applicant  in  his  discretion.  Such  certificate  shall  not  be  granted 
unless  the  applicant  shall  have  taught  school  successfully  for  at 
least  two  years.  Such  certificate  shall  be  valid  throughout  the 
State  and  the  holder  shall  be  authorized  to  teach  in  any  of  the 
public  schools  of  the  state;  provided,  that  any  person  who  is  a 
graduate  of  the  four  years'  normal  course  in  the  University  of 
North  Dakota,  and  who  has  had  one  year's  successful  experience 
as  a  teacher,  may  be  granted  such  normal  certificate  without 
further  examination.  No  State  certificate  shall  hereafter  be 
issued  by  any  normal  school  in  the  State. 

§  Il8.  (739.)  FEE  FOR  CERTIFICATE.  CERTIFICATE,  HOW  RE- 
VOKED.] The  superintendent  shall  require  a  fee  of  five  dollars 
from  each  applicant  for  a  professional  or  normal  certificate,  which 
fee  shall  be  used  by  him  to  aid  in  the  establishment  and  mainten- 
ance of  Teachers'  Reading  Circles  in  the  State.  He  shall  revoke  at 
any  time  any  certificate  issued  in  the  State,  for  any  cause  which 
would  have  been  sufficient  ground  for  refusing  to  issue  the  same 
had  the  cause  existed  or  been  known  at  the  time  it  was  issued. 

§  119.  (740.)  EXAMINATION  OF  TEACHERS  BY  COUNTY  SUPER- 
INTENDENT.] The  county  superintendent  shall  hold  a  public 
examination  of  all  persons  over  eighteen  years  of  age,  offering 
themselves  as  candidates  for  teachers  of  common  schools  at  the 
most  suitable  place  in  the  county,  on  the  second  Friday  in 
January,  March,  May,  July,  September  and  November  of  each 
year,  and,  when  necessary,  such  examination  may  be  continued 
on  the  following  day,  at  which  times  he  shall  examine  them  by  a 
series  of  written  or  printed  questions,  according  to  the  rules 
prescribed  by  the  Superintendent  of  Public  Instruction.  If  from 
the  percentage  of  correct  answers  required  by  the  rules  and 
other  evidence  disclosed  by  the  examination,  including  particu- 
larly the  superintendent's  knowledge  and  information  of  the 


NORTH     DAKOTA.  57 


candidate's  successful  experience,  if  any,  the  applicant  is  found 
to  be  a  person  of  good  moral  character,  to  possess  a  knowledge 
and  understanding  together  with  aptness  to  teach  and  govern, 
which  will  enable  such  applicant  to  teach  in  the  common  schools 
of  the  State  the  various  branches  required  by  law,  such  superin- 
tendent shall  grant  to  such  applicant  a  certificate  of  qualification. 

§  120.  (741.)  TEACHERS'  GRADES,  HOW  ESTABLISHED.  RE- 
I:\AMINATION,  WHEN  ALLOWED.]  Such  certificates  shall  be  of 
three  regular  grades,  the  first  grade  for  a  term  of  three  years,  the 
second  grade  for  a  term  of  two  years,  and  the  third  grade  for  one 
year,  according  to  the  ratio  of  correct  answers  of  each  applicant 
and  other  evidence  of  qualification  appearing  from  the  examina- 
tion. No  certificate  shall  be  granted  unless  the  applicant  shall  be 
found  proficient  in  and  qualified  to  teach  the  following  branches 
of  a  common  English  education:  Reading,  writing,  orthography, 
language  lessons  and  English  grammar,  geography,  United  States 
history,  arithmetic,  civil  government,  physiology  and  hygiene, 
and  for  a  first  and  second  grade  can  pass  a  satisfactory  examina- 
tion in  theory  and  practice  of  teaching.  In  addition  to  the  above, 
applicants  for  a  first  grade  certificate  shall  pass  a  satisfactory 
examination  in  physical  geography,  elements  of  natural  philoso- 
phy, elements  of  physiology,  elementary  geometry  and  algebra. 
The  percentage  required  to  pass  any  branch  shall  be  prescribed 
by  the  Superintendent  of  Public  Instruction.  In  addition  to 
these  regular  grades  of  certificates,  the  county  superintendent 
may  grant  permission  to  teach  until  the  next  regular  examination, 
to  any  person  applying  at  any  other  time  than  at  a  regular 
examination  who  can  show  satisfactory  reasons  for  failing  to 
attend  such  examination,  subject  to  such  rules  and  regulations  as 
may  be  prescribed  by  the  Superintendent  of  Public  Instruction. 
Such  permit  shall  not  be  granted  more  than  once  to  any 
person.  The  written  answers  of  all  candidates  for  county 
certificates,  after  being  duly  examined  by  the  county  superin- 
tendent, shall  be  kept  by  him  for  the  space  of  six  months  after 
such  examination,  and  any  candidate,  thinking  an  injustice  has 
been  done  him,  may  by  paying  a  fee  of  two  dollars  into  the 
institute  fund  of  the  county  and  notifying  both  the  county 
superintendent  and  the  Superintendent  of  Public  Instruction  of 
the  same,  have  his  papers  re-examined  by  the  Superintendent  of 
Public  Instruction;  the  county  superintendent  shall  on  receipt  of 
such  notice  from  such  complaining  candidate  transfer  such 
papers  to  the  Superintendent  of  Public  Instruction,  who  shall 
examine  such  answers,  and,  if  such  answers  warrant  it,  shall 
instruct  the  county  superintendent  to  issue  to  such  candidate  a 
county  certificate  of  the  proper  grade,  and  the  county  superin- 
tendent shall  carry  out  such  instructions. 

§  121.  (742.)  QUALIFICATIONS  OF  TEACHERS.  CONTRACTS, 
WHEN  VOID.]  No  certificate  or  permit  to  teach  shall  be  issued  to 

s.  L.— 5. 


58  GENERAL  SCHOOL  LAWS, 

any  person  under  eighteen  years  of  age  and  no  first  grade  certifi- 
cate shall  be  issued  to  any  person  under  twenty  years  of  age  and 
who  has  not  taught  successfully  twelve  school  months;  and  a 
third  grade  certificate  shall  not  be  issued  more  than  twice  to  the 
same  person.  The  certificate  so  issued  by  a  county  superinten- 
dent shall  be  valid  only  in  the  county  where  issued ;  provided,  that 
a  first  grade  certificate  may  be  renewed  once  without  examination 
at  the  discretion  of  the  county  superintendent,  upon  payment  of 
the  proper  fee  for  the  institute  fund  as  provided  in  the  case  of 
examination;  provided,  further,  that  a  first  grade  certificate  shall 
be  valid  in  any  county  of  the  State  when  indorsed  by  the  county 
superintendent  of  such  county.  No  person  shall  be  employed  or 
permitted  to  teach  in  any  of  the  public  schools  of  the  State, 
except  those  in  cities  organized  for  school  purposes  under  special 
laws,  who  is  not  the  holder  of  a  lawful  certificate  of  qualification, 
or  permit  to  teach;  provided,  further,  that  no  certificate  or  permit 
to  teach  in  the  schools  of  the  State  shall  be  granted  to  any  person 
not  a  citizen  of  the  United  States  unless  such  person  has  resided 
in  the  United  States  for  one  year  last  prior  to  the  time  of  such 
application  for  certificate  or  permit.  Any  contract  made  in 
violation  of  this  section  shall  be  void. 

§  122.  (743.)  FEE  FOR  CERTIFICATE.]  Each  applicant  for  a 
county  certificate  shall  pay  one  dollar  to  the  county  superinten- 
dent, which  shall  be  used  by  him  in  support  of  teachers' 
institutes  in  the  county. 

§  123.  (744.)  CERTIFICATES,  WHEN  REVOCABLE.]  The  county 
superintendent  is  authorized  and  required  to  revoke  and  annul  at 
any  time  a  certificate  granted  by  him  or  his  predecessor  for  any 
cause  which  would  have  authorized  or  required  him  to  refuse  to 
grant  it  if  known  at  the  time  it  was  granted,  and  for  incompetency, 
immorality,  intemperance,  cruelty,  crime  against  the.  law  of  the 
State,  refusal  to  perform  his  duty,  or  general  neglect  of  the  busi- 
ness of  the  school.  The  revocation  of  the  certificate  shall  termin- 
ate the  employment  of  such  teacher  in  the  school  where  he  may 
be  at  the  time  employed,  but  such  teacher  must  be  paid  up  to  the 
time  of  receiving  notice  of  such  revocation.  The  superintendent 
must  immediately  notify  the  clerk  of  the  school  district  where 
such  teacher  is  employed  and  he  may  notify  the  teacher  through 
the  clerk  of  such  revocation,  and  must  enter  his  action  in  such 
case  in  the  books  of  record  in  his  office. 

§  124.  (745.)  PROCEEDINGS  TO  REVOKE.  TEACHERS  ALLOWED 
DEFENSE.]  In  proceedings  to  revoke  a  certificate  the  county 
superintendent  may  act  upon  his  personal  knowledge  or  upon 
competent  evidence  obtained  from  others.  In  the  latter  case, 
action  shall  be  taken  only  after  a  fair  hearing,  and  the  teacher 
must  be  notified  of  the  charge  and  given  an  opportunity  to  make 
a  defense  at  such  time  and  place  as  may  be  stated  in  such  notice. 
Upon  his  own  knowledge  the  superintendent  may  act  immediately 
without  notice,  after  an  opportunity  has  been  afforded  such 


NORTH    DAKOTA. 


59 


teacher  for  personal  explanation.  When  any  certificate  is 
revoked  the  teacher  shall  return  it  to  the  superintendent,  but  if 
such  teacher  refuses  or  neglects  ;so  to  do  the  superintendent  may 
issue  notice  of  such  revocation  by  publication  in  some  newspaper 
printed  in  the  county. 

ARTICLE  XII. 

DUTIES  OF  TEACHERS. 

Section.  Section. 

125.  Give  Notice  of  Opening  and  Closing  School.         130.     Teachers' Institutes,  How  Noticed— Penalty 

126.  When  Teacher  Not  Entitled  to  Compensa-  for  Failure  to  Attend. 

tion.  131.     Pupil  May  be  Suspended  for  Cause. 

127.  Teacher's  Register.  What  to  Contain.  132.     Assignment  of  Studies  to  Pupils. 

128.  School  Year  and  School   Week  Defined.—        133.     Bible    Not   Sectarian   Book,   Reading    Op- 

Holidays,  tional  with  Pupil. 

129.  Branches  to  be  Taught  in  all  Schools. 

§    125.       (746.)       GlVE  NOTICE  OF  OPENING  AND  CLOSING   SCHOOL.] 

Each  teacher  on  commencing  a  term  of  school  shall  give  written 
notice  to  the  county  superintendent  of  the  time  and  place  of 
beginning  such  school  and  the  time  when  it  will  probably  close. 
If  such  school  is  to  be  suspended  for  one  week  or  more  in  such 
term,  the  teacher  shall  notify  the  county  superintendent  of  such 
suspension. 

§  126.  (747.)  WHEN  TEACHER  NOT  ENTITLED  TO  COMPENSA- 
TION.] No  teacher  shall  be  entitled  to  or  receive  any  compensa- 
tion for  the  time  he  teaches  in  any  public  school  without  a  certi- 
ficate valid  and  in  force  for  such  time  in  the  county  where  such 
school  is  taught,  except  that  if  a  teacher's  certificate  shall  expire 
by  its  own  limitation  within  six  weeks  of  the  close  of  the  term, 
such  teacher  may  finish  such  term  without  re-examination  or 
renewal  of  such  certificate. 

§  127.  (748.)  TEACHER'S  REGISTER,  WHAT  TO  CONTAIN.]  Each 
teacher  shall  keep  a  school  register  and  at  the  close  of  each  term 
make  a  report,  containing  the  number  of  visits  of  the  county 
superintendent,  and  such  items  and  in  such  form  as  shall  be 
required.  Such  report  shall  be  made  in  duplicate,  one  copy 
of  which  shall  be  filed  with  the  district  clerk,  and  one  copy  sent 
to  the  county  superintendent.  No  teacher  shall  be  paid  the  last 
month's  wages  in  any  term  until  such  report  shall  be  filed  with 
and  be  approved  by  the  district  clerk. 

§    128.       (74Q.)        SCHOOL     YEAR     AND      SCHOOL      WEEK      DEFINED. 

HOLIDAYS.]  The  school  year  shall  begin  on  the  first  day  of 
January  and  close  on  the  thirty-first  day  of  December  of  each 
year.  A  school  week  shall  consist  of  five  days,  and  a  school 
month  of  twenty  days.  No  school  shall  be  taught  on  a  legal 
holiday  nor  on  any  Saturday.  A  legal  holiday  in  term  time  fall- 
ing upon  a  day  which  otherwise  would  be  a  school  day  shall  be 
counted  and  the  teacher  shall  be  paid  therefor,  but  no  teacher 
shall  be  paid  for  Saturday,  nor  be  permitted  to  teach  on  Saturday 
to  make  up  for  the  loss  of  a  day  in  the  term. 


6O  GENERAL  SCHOOL  LAWS, 

§  129.  (750.)  BRANCHES  TO  BE  TAUGHT  IN  ALL  SCHOOLS.] 
Each  teacher  in  the  common  schools  shall  teach  pupils,  when 
they  are  sufficiently  advanced  to. pursue  the  same,  the  following 
branches:  Orthography,  reading,  spelling,  writing,  arithmetic, 
language  lessons,  English  grammar,  geography,  United  Siates 
history,  civil  government,  physiology  and  hygiene,  giving  special 
instruction  concerning  the  nature  of  alcoholic  drinks,  stimulants 
and  narcotics,  and  their  effect  upon  the  human  system;  physi- 
ology and  hygiene  and  the  nature  of  alcoholic  drinks,  stimulants 
and  narcotics  and  their  effect  upon  the  human  system  shall  be 
taught  as  thoroughly  as  any  branch  is  taught,  by  the  use  of  a  text 
book  to  all  pupils  able  to  use  a  text  book  who  have  not  thor- 
oughly studied  that  branch  and  orally  to  all  other  pupils.  When 
such  oral  instruction  is  given  as  herein  required,  a  sufficient  time, 
not  less  than  fifteen  minutes,  shall  be  given  to  such  oral  instruc- 
tion for  at  least  four  days  in  each  school  week.  Each  teacher  in 
special  school  districts  and  in  cities  organized  for  school  purposes 
under  special  law  shall  conform  to  and  be  governed  by  the  pro- 
visions of  this  section. 

§  130.  (751.)  TEACHERS'  INSTITUTES,  HOW  NOTICED.  PENALTY 
FOR  FAILURE  TO  ATTEND.]  When  a  teachers'  institute  is  appointed 
to  be  held  in  any  county,  it  shall  be  the  duty  of  the  county  super- 
intendent to  give  written  or  printed  notice  thereof  to  each 
teacher  in  the  public  schools  of  the  county,  and  as  far  as  possible 
to  all  others  not  then  engaged  in  teaching  who  are  holders  of 
teachers'  certificates  at  least  ten  days  before  the  opening  of  such 
institute  of  the  time  and  place  of  holding  it.  Each  teacher 
receiving  such  notice  engaged  in  teaching  a  term  of  school, 
which  includes  the  time  of  holding  such  institute,  shall  close 
school  during  such  institute  and  attend  the  same  and  shall  be 
paid  by  the  school  board  of  the  district  his  regular  wages  as 
teacher  for  the  time  (not  less  than  four  days)  he  attended  such 
institute,  as  certified  by  the  county  superintendent  or  conductor 
of  the  institute.  No  teacher  failing  to  attend  such  institute  shall 
receive  any  compensation  for  the  time  he  may  have  taught  during 
the  session  of  the  same.  The  county  superintendent  may  revoke 
the  certificate  of  any  teacher  in  his  county  for  inexcusable  neglect 
or  refusal  after  due  notice  to  attend  a  teacher's  institute  held  for 
such  county.  The  provisions  of  this  section  shall  not  apply  to 
teachers  in  cities  organized  for  school  purposes  under  a  special 
law. 

§    131.       (752.)       PUPIL      MAY     BE     SUSPENDED      FOR      CAUSE.]       A 

teacher  may  suspend  from  school  for  not  more  than  five  days 
any  pupil  for  insubordination  or  habitual  disobedience,  or  disor- 
derly conduct.  In  such  case  the  teacher  shall  give  immediate 
notice  to  the  parent  or  guardian  of  such  pupil,  also  to  some 
member  of  the  district  school  board  of  such  suspension  and  the 
reason  therefor. 
§  132.  (753.)  ASSIGNMENT  OF  STUDIES  TO  PUPILS.]  It  shall 


NORTH     DAKOTA.  6 1 


be  the  duty  of  the  teacher  to  assign  to  each  pupil  such  studies  as 
he  is  qualified  to  pursue,  and  to  place  him  in,  the  proper  class  in 
any  studies  subject  to  the  provisions  in  section  750;  provided,  that 
in  a  graded  school  under  the  charge  of  a  principal  or  local 
superintendent,  such  principal  or  superintendent  shall  perform 
this  duty.  In  case  any  parent  or  guardian  is  dissatisfied  with 
such  assignment  or  classification,  the  matter  shall  be  referred  to 
and  decided  by  the  county  superintendent. 

§  !33-  (754-)  BIBLE  NOT  SECTARIAN  BOOK,  READING  OPTIONAL 
WITH  PUPIL.]  The  Bible  shall  not  be  deemed  a  sectarian  book. 
It  shall  not  be  excluded  from  any  public  school.  It  may  at  the 
option  of  the  teacher  be  read  in  school  without  sectarian 
comment,  not  to  exceed  ten  minutes  daily.  No  pupil  shall  be 
required  to  read  it  nor  be  present  in  the  school  room  during  the 
reading  thereof  contrary  to  the  wishes  of  his  parents  or  guardian 
or  other  person  having  him  in  charge.  Moral  instruction  tending 
to  impress  upon  the  minds  of  pupils  the  importance  of  truthful- 
ness, temperance,  purity,  public  spirit,  patriotism,  and  respect  for 
honest  labor,  obedience  to  parents  and  due  deference  for  old  age, 
shall  be  given  by  each  teacher  in  the  public  schools. 


ARTICLE  XIII. 

INSTITUTES,  ASSOCIATIONS  AND  READING  CIRCLE. 

Section.  Section. 

134.  Teachers'      Institutes — Apportionment      of         136.     Institute  Funds,  How  Paid  Out. 

Funds.  137.     County  Commissioners  May  Aid  Institutes. 

135.  Appropriation  for  Institute  Fund — Designa- 

tion of  Conductors. 

§  I34-  (755-)  TEACHERS'  INSTITUTES.  APPORTIONMENT  OF 
FUNDS.]  All  money  received  by  the  county  superintendent  from 
examination  fees  shall  constitute  an  institute  fund  for  the  county 
and  shall  be  used  by  him  to  aid  in  the  support  of  teachers' 
institutes  to  be  held  within  and  for  the  county,  and  to  pay 
necessary  expenses  incurred  therein.  The  county  superintendent 
shall,  at  the  end  of  each  year,  submit  a  full  and  accurate  state- 
ment of  the  receipts  and  expenditures  of  these  funds,  verified  by 
his  oath,  to  the  Superintendent  of  Public  Instruction;  provided, 
that  the  several  persons  designated  as  herein  provided,  to  act  as 
conductors  of  teachers'  institutes  shall,  at  the  close  of  each 
series  of  institutes,  certify  to  the  Superintendent  of  Public 
Instruction  an  itemized  statement  of  all  actual  and  necessary 
expenses  incurred  by  such  conductor  in  the  discharge  of  his 
duties  as  such,  and  such  superintendent  shall  apportion  such  total 
expense  among  the  several  counties  in  which  such  conductor  was 
assigned  to  conduct  the  institute,  in  proportion  to  the  average 
attendance  at  such  institute,  but  by  such  apportionment  no 
county  shall  be  proportioned  a  greater  amount  than  the  amount 
of  the  county  institute  fund  on  hand.  The  county  superintendent 


62  GENERAL    SCHOOL    LAWS, 

shall  present  a  bill  to  the  county  auditor  for  the  amount  of  such 
expense  apportioneo).  to  his  county,  and  the  auditor  shall  issue  a 
warrant  therefor  as  provided  by  law.  All  additional  compensa- 
tion and  other  incidental  expenses  of  such  county  institute, 
except  as  provided  by  the  State  appropriation,  shall  be  paid  out 
of  the  county  institute  fund. 

§  J35-  (/S^.)  APPROPRIATION  FOR  INSTITUTE  FUND.  DESIG- 
NATION OF  CONDUCTORS.]  There  is  hereby  appropriated  out  of 
any  funds  in  the  State  Treasury,  not  otherwise  appropriated,  the 
sum  of  fifty  dollars  each  year  to  each  organized  county  in  the 
State  in  which  there  are  ten  or  more  resident  teachers,  which 
shall  be  designated  as  the  State  Institute  Fund  and  which  shall 
be  used  exclusively  in  employing  persons  of  learning,  ability  and 
experience  as  conductors  of  teachers'  institutes,  and  the  further 
sum  of  ten  cents  a  mile  for  the  distance  actually  and  necessarily 
traveled  by  a  lecturer  for  such  institute.  The  Superintendent  of 
Public  Instruction  after  consultation  with  the  county  superintend- 
ents as  to  the  special  needs  and  wants  of  their  respective  counties, 
shall  appoint  the  time,  place  and  duration  of  these  institutes  and 
shall  designate  the  persons  to  act  as  conductors  of  and  lecturers 
at  such  institutes,  as  in  his  judgment  the  needs  of  the  various 
counties  demand. 

§  J36.  (757-)  INSTITUTE  FUNDS,  HOW  PAID  OUT.]  It  shall  be 
the  duty  of  the  county  superintendent  in  all  cases  to  consult  with 
the  Superintendent  of  Public  Instruction  in  reference  to  the 
management  of  such  institute,  and  as  far  as  practicable,  to 
carry  out  the  suggestions  of  such  superintendent  as  to  the  modes 
of  instruction.  No  salary  shall  be  paid  to  any  conductor  of  any 
institute  not  previously  appointed  or  employed  as  herein  provided. 
The  money  hereby  appropriated  from  the  State  Treasury  for  the 
support  of  teachers'  institutes  shall  be  paid  to  the  persons  to 
whom  it  is  due  by  warrant  of  the  State  Auditor  upon  the  State 
Treasurer,  which  shall  be  issued  upon  the  presentation  of  an 
account  in  due  form  receipted  by  the  person  to  whom  due  and 
approved  by  the  Superintendent  of  Public  Instruction;  provided, 
that  no  county  shall  receive  more  than  ten  dollars  from  such 
appropriation  for  the  payment  of  conductor's  salary  for  each  day 
its  institute  is  in  session. 

§  J37-  (75^-)  COUNTY  COMMISSIONERS  MAY  AID  INSTITUTES.] 
The  money  assigned  for  any  particular  institute  may  be  added  to 
any  fund  furnished  for  the  purpose  by  any  county,  and  the 
institute  extended  as  long  as  the  entire  fund  will  allow.  If  a 
sufficient  county  fund  is  not  otherwise  provided,  the  board  of 
county  commissioners  may  appropriate  not  more  than  fifty  dollars 
in  any  county  each  year  in  aid  of  institutes.  The  Superintendent 
of  Public  Instruction  may  require  a  statement  of  the  amount  of 
funds  the  county  has  on  hand  for  this  purpose  at  any  time. 


NORTH    DAKOTA.     '  63 


ARTICLE   XIV. 

COMPULSORY  ATTENDANCE. 

Section.  Section. 

138.  School   Age — Who   Exempt  from   Compul-         141.     Child    Labor    Prohibited     During     School 

sory  Attendance.  Hours. 

139.  Penalty.  142.     Penalty  for  Violation. 

140.  Prosecution  for  Neglecting  this  Duty.  143.     Prosecutions,  How  Brought. 

§  138.  (759-)  SCHOOL  AGE.  WHO  EXEMPT  FROM  COMPULSORY 
ATTENDANCE.]  Every  parent,  guardian  or  other  person  having 
control  of  any  child  between  eight  and  fourteen  years  of  age, 
shall  be  required  to  send  such  child  to  a  public  school  in  the 
district,  city  or  village  in  which  he  resides  at  least  twelve  weeks 
in  each  school  year,  six  weeks  of  which  shall  be  consecutive;  and 
every  parent,  guardian  or  other  person  having  control  of  any 
deaf  child  or  youth  between  seven  and  twenty-one  years  of  age, 
shall  be  required  to  send  such  child  to  the  school  for  the  deaf  at 
the  city  of  Devils  Lake,  for  at  least  eight  months  in  each  school 
year;  provided,  that  such  parent,  guardian  or  other  person  having 
control  of  any  child  shall  be  excused  from  such  duty  by  the 
school  board  of  the  district  or  the  board  of  education  of  the  city 
or  village,  whenever  it  shall  be  shown  to  their  satisfaction,  subject 
to  appeal  as  provided  by  law,  that  one  of  the  following  reasons 
therefor  exists: 

1.  That  such  child  is   taught  for  the  same  length  of  time  in  a 
private  school,  approved  by  such  board;   but   no   school  shall  be 
approved  by  such  board  unless  the  branches  usually  taught  in  the 
public  schools  are  taught  in  such  school. 

2.  That  such  child  has.  already  acquired  the  branches  of  learn- 
ing taught  in  the  public  schools. 

3.  That  such  child  is  in  such  a   physical   or  mental   condition 
(as  declared  by  the  county  physician  if  required  by  the  board,) 
as  to  render  such  attendance  inexpedient  or  impracticable.     If  no 
school    is   taught   the   requisite  length    of  time  within  two  and 
one-half  miles  of  the  residence  of  such  child  by  the  nearest  route, 
such  attendance  will  not  be  enforced  but  this  provision  shall  not 
apply  to  deaf  children  in  the  State.     The  common  schools   pro- 
vided for  in  this  chapter  shall  be  at  all  times   equally   free,  open 
and  accessible  to  all  children  over  six  and  under  twenty  years  of 
age,    residents   of   the   school  districts  where  they  are  held,  or 
entitled  to   attend  school  under  any  special  provisions   of  this 
chapter,  subject  to  the  regulations  herein  made  and  to  such  regu- 
lations as  the  several  school  boards  and  boards  of  education  may 
prescribe    equitably   and    justly   and    not    in    conflict    with    the 
provisions  of  law. 

§  139.  (760.)  PENALTY.]  Any  such  parent,  guardian  or  other 
person  failing  to  comply  with  the  requirements  of  the  foregoing 
section,  shall  upon  conviction  thereof  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  fined  in  a  sum  not  less  than  five  nor  more 


64  GENERAL    SCHOOL    LAWS, 

than  twenty  dollars  for  the  first  offense  and  not  less  than  ten 
dollars  nor  more  than  fifty  dollars  for  the  second  and  every  sub- 
sequent offense  with  costs  in  each  case. 

§  140.  (761.)  PROSECUTION  FOR  NEGLECTING  THIS  DUTY.]  It 
shall  be  the  duty  of  the  president  of  the  board  of  education  of 
any  city,  town  or  village,  or  the  president  of  the  school  board  of 
any  district,  to  inquire  into  all  cases  of  neglect  of  the  duty  pre- 
scribed in  this  article  and  ascertain  from  the  person  neglecting  to 
perform  such  duty,  the  reason  therefor,  if  any,  and  shall  forthwith 
proceed  to  secure  the  prosecution  of  any  offense  occurring  under 
this  article,  and  any  such  president  neglecting  to  secure  such 
prosecution  for  such  offense  within  fifteen  days  after  a  written 
notice  has  been  served  by  any  taxpayer  in  such  city,  town,  village 
or  district,  unless  such  person  so  complained  of  shall  be  excused 
by  the  board  of  education  or  school  board  for  one  of  the  reasons 
hereinbefore  stated,  he  shall  be  deemed  guilty  of  misdemeanor, 
and  upon  conviction  shall  be  fined  in  a  sum  not  less  than  five  nor 
more  than  twenty  dollars. 

§  141.  (762.)  CHILD  LABOR  PROHIBITED  DURING  SCHOOL 
HOURS.]  No  child  between  eight  and  fourteen  years  of  age  shall 
be  employed  in  any  mine,  factory  or  workshop  or  mercantile  estab- 
lishment, or,  except  by  his  parents  or  guardian,  in  any  other  man- 
ner, during  the  hours  when  the  public  schools  in  the  city,  village 
or  district  are  in  session,  unless  the  person  employing  him  shall 
first  procure  a  certificate  from  the  superintendent  of  schools  of  the 
city  or  village,  if  one  is  employed,  otherwise  from  the  clerk  of 
the  school  board  or  board  of  education,  stating  that  such  child 
has  attended  school  for  the  period  of  twelve  weeks  during  the 
year,  as  required  by  law,  or  has  been  excused  from  attendance  as 
provided  in  section  759;  and  it  shall  be  the  duty  of  such  superin- 
tendent or  clerk  to  furnish  such  certificate  upon  application  of 
the  parent,  guardian  or  other  persons  having  control  of  such 
child,  entitled  to  the  same. 

§  142.  (763.)  PENALTY  FOR  VIOLATION.]  Each  owner, super- 
intendent or  overseer  of  any  mine,  factory,  workshop  or  mercan- 
tile establishment,  and  any  other  person  who  shall  employ  any 
child  between  eight  and  fourteen  years  of  age  contrary  to  the 
provisions  of  this  article,  is  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  for  each  offense  in  a  sum  not 
less  than  twenty  nor  more  than  fifty  dollars  and  costs.  Each 
person  authorized  to  sign  a  certificate  as  prescribed  in  the  preced- 
ing section,  who  certifies  to  any  materially  false  statement 
therein,  shall  be  fined  not  less  than  twenty  nor  more  than  fifty 
dollars  and  costs. 

§  143.  (764.)  PROSECUTIONS,  HOW  BROUGHT.]  Prosecutions 
under  this  article  shall  be  brought  in  the  name  of  the  State  of 
North  Dakota  before  any  court  of  competent  jurisdiction,  and  the 
fines  collected  shall  be  paid  over  to  the  county  treasurer  and  by 
him  credited  to  the  general  school  fund  of  the  State. 


NORTH    DAKOTA.  65 


ARTICLE  XV. 

FINES,    FORFEITURES  AND   PENALTIES. 

Section.  Section. 

144.  Penalty    for   Neglect   of    Duty    by    School         150.     Penalty,     when     Indorsement     of    Unpaid 

Director,  Treasurer  or  Clerk.  Warrants  is  not  Made. 

145.  Penalty  for  False  Election  Returns.  151.     Penalty  for  False  Reports. 

146.  Speculation  in  Office  Prohibited.  152.     Penalty  for  Willful  Disturbance  of   Public 

147.  Penalty    for   Unlawful   Drawing    of  School  School. 

Money.  153.     Proposals  for  Contracts. 

148.  Use  of  School  Funds— When  Embezzlement. 

149.  Action  to  Recover  Money  when  Treasurer 

Fails  to  Pay  Over. 

§  144.  (765.)  PENALTY  FOR  NEGLECT  OF  DUTY  BY  SCHOOL 
DIRECTOR,  TREASURER  OR  CLERK.]  Each  person  duly  elected  to 
the  office  of  director,  treasurer  or  clerk  of  any  district,  who, 
having  entered  upon  the  duties  of  his  office,  shall  neglect  or  refuse 
to  perform  any  duties  required  of  him  by  the  provisions  of  this 
chapter  shall  upon  conviction  be  fined  in  the  sum  of  ten  dollars, 
and  his  office  shall  be  deemed  vacant. 

§  145.  (766.)  PENALTY  FOR  FALSE  ELECTION  RETURNS.]  Any 
judge  or  clerk  of  election,  school  district  clerk  or  county  auditor 
who  willfully  violates  the  provisions  of  this  chapter  in  relation  to 
elections  or  who  willfully  makes  a  false  return  shall  upon  convic- 
tion be  deemed  guilty  of  a  felony. 

§  146.  (767.)  SPECULATION  IN  OFFICE  PROHIBITED.]  No 
school  officer  shall  personally  engage  in  the  purchase  of  any 
school  bonds  or  warrants,  nor  shall  any  such  officer  be  personally 
interested  in  any  contract  requiring  the  expenditure  of  school 
funds,  except  for  the  purchase  of  fuel  and  such  supplies  as  are  in 
daily  use,  but  not  including  furniture,  or  the  expenditure  of 
funds  appropriated  by  the  State,  county,  school  corporation  or 
otherwise  for  any  school  purpose  connected  with  his  office.  Any 
violation  of  this  section  shall  be  a  misdemeanor. 

§  147.  (768.)  PENALTY  FOR  UNLAWFUL  DRAWING  OF  SCHOOL 
MONEY.]  Any  person  who  draws  money  from  the  county  treasury, 
who  is  not  at  the  time  a  duly  qualified  treasurer  of  the  school  cor- 
poration for  which  he  draws  the  money  and  authorized  to  act  as 
such,  shall  be  guilty  of  a  misdemeanor  and  shall  upon  conviction 
thereof  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars. 

§    148.       (769.)       USE  OF  SCHOOL  FUNDS.     WHEN  EMBEZZLEMENT.] 

Each  treasurer  who  shall  loan  any  portion  of  the  money  in  his 
hands  belonging  to  any  school  district,  whether  for  consideration 
or  not,  or  who  shall  expend  any  portion  thereof  for  his  own  or 
any  other  person's  private  use,  is  guilty  of  embezzlement,  and  no 
such  treasurer  shall  pay  over  or  deliver  the  school  money  in  his 
hands  to  any  officer  or  person  or  to  any  committee  to  be 
expended  by  him  or  them;  but  all  public  funds  shall  be  paid  out 
only  by  the  proper  treasurer  as  hereinbefore  provided. 

§    149.       (77O.)       ACTION    TO    RECOVER    MONEY    WHEN    TREASURER 

FAILS  TO  PAY  OVER.]     If  any   person  shall  refuse  or  neglect  to 


66  GENERAL    SCHOOL    LAWS, 


pay  over  any  money  in  his  hands  as  treasurer  of  a  school  district 
to  his  successor  in  office  his  successor  must,  without  delay,  bring 
action  upon  the  official  bond  of  such  treasurer  for  the  recovery  of 
such  money. 

§  150.  (771.)  PENALTY,  WHEN  INDORSEMENT  OF  UNPAID  WAR- 
RANTS is  NOT  MADE.]  Any  violation  by  a  district  treasurer  of 
the  provisions  of  this  chapter  requiring  indorsement  of  warrants 
not  paid  for  want  of  funds,  and  the  payment  thereof  in  the  order 
of  presentation  and  indorsement,  is  a  misdemeanor,  punishable 
by  a  fine  not  exceeding  one  hundred  dollars. 

§  151.  (772.)  PENALTY  FOR  FALSE  REPORTS.]  Each  clerk  or 
treasurer  of  a  district  who  willfully  signs  or  transmits  a  false 
report  to  the  county  superintendent  or  willfully  signs,  issues  or 
publishes  a  false  statement  of  facts  purporting  or  appearing  to  be 
based  upon  the  books,  accounts  or  records  or  of  the  affairs, 
resources  and  credit  of  the  district  shall  upon  conviction  be 
punished  by  a  fine  not  exceeding  fifty  dollars  or  by  imprison- 
ment in  the  county  jail  not  exceeding  fifteen  days. 

§  152.  (773.)  PENALTY  FOR  WILLFUL  DISTURBANCE  OF  PUBLIC 
SCHOOL.]  Each  person,  whether  pupil  or  not,  who  willfully 
molests  or  disturbs  a  public  school  when  in  session  or  who 
willfully  interferes  witoh  or  interrupts  the  proper  order  or  manage- 
ment of  a  public  school  by  act  of  violence,  boisterous  conduct  or 
threatening  language,  so  as  to  prevent  the  teacher  or  any  pupil 
from  performing  his  duty,  or  who  shall  in  the  presence  of  the 
school  or  school  children  upbraid,  insult  or  threaten  the  teacher 
shall  upon  conviction  thereof  be  punished  by  a  fine  not  exceeding 
twenty-five  dollars  or  by  imprisonment  in  the  county  jail  for  a 
period  not  exceeding  ten  days,  or  by  both. 

§  153.  (774.)  PROPOSALS  FOR  CONTRACTS.]  No  contract, 
except  for  teachers'  or  janitors'  wages,  involving  the  expenditure 
of  school  funds  or  money  appropriated  for  any  purpose  relating 
to  the  educational  system  of  this  State  or  any  county,  district  or 
school  corporation  therein,  when  the  amount  exceeds  one  hundred 
dollars,  shall  be  let  until  proposals  are  advertised  for,  and  after 
such  advertisement,  only  to  the  lowest  responsible  bidder.  Any 
violation  of  this  section  shall  be  a  misdemeanor. 

ARTICLE  XVI. 

BONDS. 

Section.  Section. 

154.  Schools  Bonds,  How  Issued.  159.     Bonds,  How  Negotiated. 

155.  Notice  of  Election  to  Vote  Bonds.  160.     County    Auditor    may   Levy   Tax    to   Pay 

156.  Bonds,    Denomination     of — Interest — Limit  Bonds,  When. 

of  Issue.  161.     Canceled  Bonds,  Record  of. 

157.  Bonds,  Record  of  to  be  Kept.  162.     Proposals  for  Building  School  Houses. 

158.  Sinking  Fund  and  Interest  Tax.  163.     Provisions  of  this  Article,  How  Applicable. 

§  154.  (775.)  SCHOOL  BONDS,  HOW  ISSUED.]  Whenever  a 
duly  constituted  school  district  in  any  organized  county  in  the 


NORTH  DAKOTA. 


State  at  any  regular  or  special  meeting  held  for  that  purpose  shall 
determine,  by  a  majority  vote  of  all  the  qualified  voters  of  such 
school  district  present  at  such  meeting  and  voting,  to  issue  school 
district  bonds  for  the  purpose  of  building  and  furnishing  a  school 
house  and  purchasing  grounds  on  which  to  locate  the  same,  or  to 
fund  any  outstanding  indebtedness,  the  district  school  board  may 
lawfully  issue  such  bonds  in  accordance  with  the  provisions  of 
this  article. 

§  J55-  (776.)  NOTICE  OF  ELECTION  TO  VOTE  BONDS.]  Before 
the  question  of  issuing  bonds  shall  be  submitted  to  a  vote  of  the 
school  district,  notices  shall  be  posted  in  at  least  three  public  and 
conspicuous  places  in  such  district  stating  the  time  and  place  of 
such  meeting,  the  amount  of  bonds  proposed  to  be  issued,  and  the 
time  in  which  they  shall  be  made  payable  Such  notices  shall  be 
posted  at  least  twenty  days  before  the  meeting,  and  the  voting 
shall  be  done  by  means  of  written  or  printed  ballots,  and  all 
ballots  deposited  in  favor  of  issuing  bonds  shall  have  thereon  the 
words  "for  issuing  bonds,"  and  those  opposed  thereto  shall  have 
thereon  the  words  "against  issuing  bonds"  and  if  a  majority  of 
all  the  votes  cast  shall  be  in  favor  of  issuing  bonds  the  school 
board,  through  its  proper  officers  shall  forthwith  issue  bonds  in 
accordance  with  such  vote;  but  if  a  majority  of  all  votes  cast  are 
against  issuing  bonds  then  no  further  action  can  be  had  and  the 
question  shall  not  be  again  submitted  to  a  vote  for  one  year  there- 
after except  for  a  different  amount;  provided,  that  the  question  of 
issuing  bonds  shall  not  be  submitted  to  a  vote  of  the  district  and 
no  meeting  shall  be  called  for  that  purpose  until  the  district 
school  board  shall  have  been  petitioned  in  writing  by  at  least  one- 
third  of  the  voters  of  the  district. 

§  156.   (777.)   BONDS,  DENOMINATION  OF.  INTEREST.  LlMIT  OF 

ISSUE.]  The  denomination  of  the  bonds  which  may  be  issued  under 
the  provisions  of  this  article  shall  be  fifty  dollars  or  some  multiple 
of  fifty  not  exceeding  five  hundred  dollars  and  shall  bear  interest  at 
the  rate  of  not  exceeding  seven  per  cent  per  annum,  payable 
semi-annually  in  accordance  with  interest  coupons  which  shall  be 
attached  to  such  bonds;  and  no  greater  amount  than  one  thous- 
and dollars  can  be  issued  for  any  one  school  house,  except  in 
towns  and  villages  of  more  than  three  hundred  inhabitants,  and  in 
such  districts  the  amount  shall  not  exceed  four  per  cent  of  its 
assessed  valuation,  and  may  be  made  payable  in  not  less  than  ten 
nor  more  than  twenty  years  from  their  date. 

§  !57-  (778-)  BONDS,  RECORD  OF  TO  BE  KEPT.]  Whenever 
any  bonds  are  issued  under  the  provisions  of  this  chapter  they 
shall  be  lithographed  or  printed  on  bond  paper  and  shall  state 
upon  their  face  the  date  of  their  issue,  the  amount  of  the  bonds, 
to  whom  and  for  what  purpose  issued,  also  the  time  and  place  of 
payment  and  the  rate  of  interest  to  be  paid.  They  shall  have 
printed  upon  the  margin  the  words  "Authorized  by  article  16  of 
chapter  9  of  the  political  code  of  North  Dakota  of  1895." 


68  GENERAL    SCHOOL    LAWS, 

Immediately  after  the  issuing  of  school  bonds  pursuant  to  this 
chapter  the  clerk  of  the  school  district  so  issuing  its  bonds  shall 
file  with  the  county  auditor  of  the  county  in  which  such  district 
is  situated,  certified  copies  of  all  the  proceedings  had  in  such 
district  relative  to  the  issuing  of  such  bonds  and  also  a  statement 
of  the  amount  of  the  indebtedness  of  such  school  district;  and 
before  any  of  the  bonds  are  disposed  of  they  shall  be  presented 
to  the  county  auditor  of  the  county  in  which  the  school  district 
issuing  the  same  is  situated.  He  shall  carefully  examine  the 
records  of  the  proceedings  of  such  school  district  upon  the  ques- 
tion of  issuing  such  bonds  as  the  same  are  filed  with  him  as  here- 
inbefore directed,  and  shall  satisfy  himself  by  the  evidence  thus 
furnished  whether  or  not  all  the  laws  of  the  state  relative  to  the 
issuing  of  such  bonds  have  been  complied  with.  If  satisfied 
that  they  have  been  and  that  the  bonds  in  question  have  been 
legally  issued,  he  shall  in  a  book  kept  for  such  purpose  preserve 
a  register  of  each  bond  showing  in  separate  columns  the  name 
of  the  school  district  issuing  the  bonds,  the  number  of  such 
bonds,  the  denomination  thereof,  the  date  of  their  issue,  the  date 
when  they  will  mature,  the  names  of  the  school  officers  executing 
the  same  and  such  other  facts  as  may  be  pertinent,  and  he  shall 
then  indorse  on  each  of  such  bonds  the  following  certificate: 
State  of  North  Dakota,  )  gs 
County  of ) 

I, ,  county  auditor,  do  hereby  certify  that  the 

within  bond  is  issued  pursuant  to  law  and  is  within  the  debt  limit 
prescribed  by  the  Constitution  of  the  State  of  North  Dakota  and 

in  accordance  with  the  vote  of school  district, 

at  a (regular  or  special)  meeting  held  on  the 

day  of A.  D.  189. .  .,  to  issue  bonds  to  the  amount  of 

dollars,  and  is  a  legal  and  valid  debt  of  such  school 

district;  that  such  bonds  are  duly  registered  in  this  office  and 
that  such  school  district  is  legally  organized  and  the  signatures 
affixed  to  such  bonds  are  the  genuine  signatures  of  the  proper 
officers  of  such  school  district. 

The  blanks  shall  be  filled  according  to  the  facts  and  the 
certificate  officially  signed  by  the  county  auditor  and  attested  by 
his  official  seal.  Such  bonds  shall  be  signed  by  the  president 
and  clerk  of  the  school  board  and  shall  be  registered  in  a  book 
to  be  kept  by  the  clerk  for  that  purpose  in  which  shall  be 
entered  the  number,  date  and  name  of  the  person  to  whom  issued 
and  the  date  when  the  same  will  become  due. 

§  1S%-  (779-)  SINKING  FUND  AND  INTEREST  TAX.]  In  addition 
to  the  amount  that  may  already  be  assessed  under  existing  laws, 
there  shall  be  levied  upon  the  taxable  property  of  the  school 
districts  so  issuing  bonds  at  or  before  their  issuance  and  collected 
as  other  taxes  are  collected,  a  sum  sufficient,  not  exceeding  five 
mills  on  the  dollar  of  assessed  valuation  of  such  districts,  to  pay 
interest  upon  such  bonded  indebtedness,  and  after  five  years  in 


NORTH     DAKOTA.  69 


like  manner  a  turther  tax  not  exceeding  two  mills  on  the  dollar 
for  a  sinking  fund  to  be  used  in  payment  of  such  bonds  when 
they  become  due  and  for  no  other  purpose,  except  that  whenever 
there  are  sufficient  funds  on  hand  belonging  to  such  sinking  fund 
the  school  board  may,  in  its  discretion,  purchase  any  of  its  out- 
standing bonds  at  their  market  value  and  pay  for  the  same  out  of 
such  sinking  fund. 

§  159.  (780.)  BONDS,  HOW  NEGOTIATED.]  When  any  bonds 
shall  be  issued  under  the  provisions  of  this  article,  the  school 
district  treasurer  shall  have  authority  to  negotiate  and  sell  such 
bonds  for  not  less  than  par,  and  the  proceeds  shall  be  used 
exclusively  for  the  purpose  of  building  and  furnishing  a  school 
house  and  in  payment  for  a  site  for  the  same,  and  for  the 
necessary  outbuildings. 

§  160.  (781.)  COUNTY  AUDITOR  MAY  LEVY  TAX  TO  PAY  BONDS, 
WHEN.]  When  any  school  board  neglects  or  refuses  to  levy  a  tax 
in  accordance  with  law  to  meet  outstanding  bonds  or  the  interest 
thereon,  the  county  auditor  shall  have  power  to  levy  such  tax 
and  when  collected  to  apply  the  proceeds  to  the  payment  of  such 
Coupons  and  bonds. 

§  161.  (782.)  CANCELED  BONDS,  RECORD  OF.]  When  the 
bonds  of  any  school  district  shall  have  been  paid  by  the  school 
board  they  shall  be  canceled  by  writing  or  printing  in  red  ink  the 
words  "  canceled  and  paid "  across  each  bond  and  coupon  and 
the  date  of  payment  and  the  amount  paid  shall  be  entered  in  the 
clerk's  register  against  the  proper  number  of  the  bonds,  and  the 
bonds  so  canceled  shall  be  filed  in  the  office  of  the  district 
treasurer  until  all  the  outstanding  bonds  are  paid,  when  they  shall 
be  destroyed  in  the  presence  of  the  full  board. 

§  162.  (783.)  PROPOSALS  FOR  BUILDING  SCHOOL  HOUSES.] 
When  any  school  house  is  built  with  funds  provided  for  in  the 
manner  herein  authorized,  the  school  board  shall  advertise  at 
least  thirty  days  in  some  newspaper  printed  in  the  county,  or  by 
posting  notices  for  the  same  length  of  time  in  at  least  three  of 
the  most  public  and  conspicuous  places  if  no  newspaper  is  pub- 
lished in  the  county,  for  sealed  proposals  for  building  and 
furnishing  such  school  house  in  accordance  with  plans  and 
specifications  furnished  by  the  school  board,  reserving  the  right 
to  reject  any  and  all  bids,  and  if  any  of  the  proposals  shall  be 
reasonable  and  satisfactory  such  board  shall  award  the  contract 
to  the  lowest  responsible  bidder  and  shall  require  of  such  con- 
tractor a  bond  in  double  the  amount  of  the  contract,  conditioned 
that  he  will  properly  account  for  all  money  and  property  of  the 
school  district  that  may  come  into  his  hands  and  that  he  will 
perform  the  conditions  of  his  contract  in  a  faithful  manner  and  in 
accordance  with  its  provisions;  and  in  case  all  the  proposals  are 
rejected,  such  board  shall  advertise  anew  in  the  same  manner  as 
before  until  a  reasonable  bid  shall  be  submitted. 


7O  CENEKAL  SCHOOL  LAWS, 

§  163.  (784.)  PROVISIONS  OF  THIS  ARTICLE,  HOW  APPLICABLE.] 
The  provisions  of  this  article  shall  be  applicable  to  and  authorize 
the  issuance  of  bonds  by  such  school  districts  as  have  already 
built  school  houses  and  issued  orders  or  warrants  therefor  and 
any  such  school  district  may  vote  to  bond  the  indebtedness 
incurred  by  reason  of  building  and  furnishing  a  school  house  and 
purchasing  a  site  for  the  same  and  bonds  may  be  issued  in  the 
same  manner  as  hereinbefore  provided  for  building  and  furnish- 
ing school  houses. 

ARTICLE  XVII. 

SPECIAL  DISTRICTS. 

Section.  Section. 

164.  Cities  Governed  by  the    Provisions  of  this         185.     Board  Assumes  Control  After  Equalization 

Article.  of  Debts  and  Property. 

165.  Adjacent    Territory,     How     Attached    for         186.     Special  District  may  Become  Part  of  Gen- 

School  Purposes.  eral  District,  When. 

166.  Name  of  Body  Corporate.  187.     Election  of  Boards  of  Education  in  Special 

167.  Conveyance     of      School     Property,     How  Districts. 

Executed.  188.  Notice  of  Election,  Contents  of. 

168.  Special  School  Districts,  How  Organized.  189.  Notice  of  Election,  Form  of. 

169.  Election  of  Board  of  Education.  190.  Election  Precincts  and  Officers  of  Election. 
170      Terms  of  Office — Quorum.  191.  Canvass  of  Returns. 

171.  Members  not  to    be   Interested    in    School         192.     Certificates  of  Election. 

Contracts.  193.  Vacancies,  How  Filled. 

172.  Annual  and  Special  Meetings  of  Board.  194.  Oath  of  Office. 

173.  Organization  of  Board.  195.  Bonds,  How  and  When  may  be  Issued. 

174.  Duties  of  President.  196.  Election  for  Issuing  Bonds. 

175.  Duties  of  Clerk — Records.  197.  Bonds  to  Specify  What— Debt  Limit. 

176.  Powers  and  Duties  of  Board.  198.  Levy  for  Interest  and  Sinking  Fund. 

177.  Treasurer,  Custodian  of  School  Moneys.  199.  Investment  of  Sinking  Fund. 

178.  Schools  Under  Supervision  of  Whom.  200.  Interest  Coupons. 

179.  Taxable  Property.  201.  Security  for  Payment  of  Bonds. 

180.  Annual  School  Tax.  202.  Bond  Register. 

181.  Expenditures — Contracts.  203.  Refunding  Bonds,  Issuance  of. 

182.  Treasurer.  204.  Bonds  may  be  Exchanged. 

183.  Treasurer,  Duties  of.  205.  Issue  of  Bonds,  How  Governed. 

184.  Treasurer's  Bond.  206.  Surplus  Funds,  How  Transferred. 

§    164.       (785.)       ClTIES    GOVERNED    BY    THE    PROVISIONS    OF    THIS 

ARTICLE.]  All  cities  and  incorporated  towns  and  villages  which 
have  heretofore  been  organized  under  the  general  school  laws 
and  which  are  provided  with  a  board  of  education  shall  be 
governed  by  the  provisions  of  this  article.  Any  city  or  incor- 
porated town  or  village  having  a  population  of  over  three 
hundred  inhabitants  may  be  constituted  a  special  school  district 
in  the  manner  hereinafter  prescribed,  and  shall  then  be  governed 
by  the  provisions  of  this  article;  provided,  that  any  city  hereto- 
fore organized  for  school  purposes  under  a  special  act  may  adopt 
the  provisions  of  this  article  by  a  majority  vote  of  the  voters 
'therein,  in  the  same  manner  as  is  provided  for  the  organization  of 
a  new  corporation  under  the  provisions  of  this  article. 

§  165.  (786.)  ADJACENT  TERRITORY,  HOW  ATTACHED  FOR 
SCHOOL  PURPOSES.]  When  any  city,  town  or  village  has  been 
organized  for  school  purposes  and  provided  with  a  board  of 
education  under  any  general  school  law,  or  a  special  act,  or  under 
the  provisions  of  this  article,  territory  outside  the  limits  thereof 
but  adjacent  thereto  may  be  attached  to  such  city,  town  or  village 


NORTH     DAKOTA.  J I 


for  school  purposes  by  the  board  of  education  thereof  upon 
application  in  writing  signed  by  a  majority  of  the  voters  of  such 
adjacent  territory;  and  upon  such  application  being  made,  if 
such  board  shall  deem  it  proper  and  to  the  best  interests  of  the 
schools  of  such  corporation  and  of  the  territory  to  be  attached, 
an  order  shall  be  issued  by  such  board  attaching  such  adjacent 
territory  to  such  corporation  for  school  purposes,  and  the  same 
shall  be  entered  upon  the  records  of  the  board.  Such  territory 
shall  from  the  date  of  such  order  be  and  compose  a  part  of  such 
corporation  for  school  purposes  only;  such  adjacent  territory 
shall  be  attached  for  voting  purposes  to  such  corporation,  or  if 
the  school  election  is  held  in  wards,  to  the  ward  or  wards  or 
election  precinct  or  precincts  to  which  it  lies  adjacent;  and  the 
voters  thereof  shall  vote  only  for  school  offices  and  upon  school 
questions. 

§  1 66.  (787.)  NAME  OF  BODY  CORPORATE.]  Every  such  dis- 
trict shall  be  a  body  corporate  for  school  purposes  by  the  name 
of  "The  board  of  education  of  the  city,  town  or  village  (as  the 

case  may  be)  of (here  insart  the  corporate  name  of  the 

city,  town  or  village)  of  the  State  of  North  Dakota,"  and  shall 
possess  all  the  powers  and  duties  usual  to  corporations  for  public 
purposes  or  conferred  upon  it  by  this  article  or  which  may  here- 
after be  conferred  upon  it  by  law;  and  in  such  name  it  may  sue 
and  be  sued,  contract  and  be  contracted  with,  and  hold  and 
convey  such  real  and  personal  property  as  shall  come  into  its 
possession  by  will  or  otherwise;  and  it  shall  procure  and  keep  a 
corporate  seal  by  which  its  official  acts  may  be  attested. 

§  167.  (788.)  CONVEYANCE  OF  SCHOOL  PROPERTY,  HOW  EXE- 
CUTED.] Any  such  city  or  incorporated  town  or  village  is 
authorized  and  required,  upon  the  request  of  the  board  of 
education,  to  convey  to  such  board  of  education  all  property 
within  the  limits  of  any  such  corporation  heretofore  purchased 
by  »it  for  school  purposes  and  now  held  and  used  for  such 
purposes,  the  title  to  which  is  vested  in  any  such  civil  corpora- 
tion. All  conveyances  for  such  property  shall  be  signed  by  the 
mayor  or  president  of  the  board  of  trustees  and  attested  by  the 
clerk  of  such  corporation,  and  shall  have  the  seal  of  the  corpor- 
ation affixed  thereto  and  be  acknowledged  by  the  mayor  or 
president  in  the  same  manner  as  other  conveyances  of  real 
estate. 

§  168.  (789.)  SPECIAL  SCHOOL  DISTRICTS,  HOW  ORGANIZED.] 
When  a  petition  signed  by  one-third  of  the  voters  of  a  city  or 
incorporated  town  or  village  entitled  to  vote  at  such  election  is 
presented  to  the  council  or  board  of  trustees  thereof  asking  that 
such  city,  town  or  village  be  organized  as  a  special  school 
district,  such  council  or  board  of  trustees  shall  order  an  election 
for  such  purpose,  notice  of  which  shall  be  given  and  the  election 
conducted  and  the  returns  made  in  the  manner  provided  by  law 
for  the  annual  election  of  municipal  officers  of  such  corporation; 


72  GENERAL    SCHOOL    LAWS, 

and  the  voters  thereof  shall  vote  for  or  against  organization  as  a 
special  school  district  at  such  election. 

§  169.  (790.)  ELECTION  OF  BOARD  OF  EDUCATION.]  If  a 
majority  of  the  votes  cast  at  such  election  is  for  organization  as 
a  special  school  district  another  election  shall  be  called  in  the 
same  manner  as  is  prescribed  in  the  foregoing  section,  at  which 
the  voters  of  such  city,  town  or  village  shall  elect  five  members 
of  the  board  of  education,  two  of  whom  shall  serve  until  the  first 
annual  election,  two  until  the  second  annual  election  and  one 
until  the  third  annual  election  thereafter  and  until  their  successors 
are  elected  and  qualified;  and  their  respective  terms  shall  be 
determined  by  lot. 

§  170.  (791.)  TERMS  OF  OFFICE.  QUORUM.  The  board  of 
education  of  each  special  district  shall  consist  of  five  members 
who  shall  be  elected  by  the  legal  voters  thereof  and  who  shall 
hold  their  office  for  the  term  of  three  years  and  until  their  succes- 
sors are  elected  and  qualified,  except  as  provided  for  first  elec- 
tions under  this  article,  and  three  members  shall  constitute  a 
quorum  for  the  transaction  of  business  at  any  legal  meeting. 

§  171.  (792.)  MEMBERS  NOT  TO  BE  INTERESTED  IN  SCHOOL 
CONTRACTS.]  The  members  of  such  board  shall  receive  no  com- 
pensation, and  shall  not  be  interested,  directly  or  indirectly,  in 
any  contract  for  making  any  improvements  or  repairs  or  for 
erecting  any  building  or  for  furnishing  any  material  or  supplies 
for  their  district. 

§  172.  (793.)  ANNUAL  AND  SPECIAL  MEETINGS  OF  BOARD.] 
The  annual  meeting  of  such  board  of  education  shall  be  held  on 
the  second  Tuesday  in  July  following  the  annual  election,  at 
which  time  the  newly  elected  members  shall  assume  the  duties  of 
their  office.  Each  board  shall  meet  for  the  transaction  of  busi- 
ness as  often  as  once  in  each  calendar  month  thereafter  and  may 
adjourn  for  a  shorter  time.  Special  meetings  may  be  called  by 
the  president  or  in  his  absence  by  any  two  members  of  the  board 
by  giving  a  personal  notice  to  each  member  of  the  board  or  by 
causing  a  written  or  printed  notice  to  be  left  at  his  last  place  of 
residence  at  least  forty-eight  hours  before  the  time  of  such  meeting. 

§  T73-  (794-)  ORGANIZATION  OF  BOARD.]  At  the  annual  meet- 
ing on  the  second  Tuesday  in  July  of  each  year  such  board  of 
education  shall  organize  by  electing  a  president  from  among  its 
members  who  shall  serve  for  one  year;  and  they  shall  also  elect  a 
clerk,  not  one  of  their  own  number,  who  shall  hold  his  office  dur- 
ing the  pleasure  of  the  board  and  receive  such  compensation  for 
his  services  as  shall  be  fixed  by  the  board.  In  the  absence  of  the 

President  at  any  meeting,  a  president  pro  tempore  may  be  elected 
y  the  board. 

§  174.  (795.)  DUTIES  OF  PRESIDENT.]  The  president  shall 
preside  at  all  meetings  of  the  board,  appoint  all  committees 
whose  appointment  is  not  otherwise  provided  for  and  sign  all 


NORTH    DAKOTA.  73 


warrants  ordered  by  the  board  to  be  drawn  upon  the  treasurer  for 
school  moneys  and  perform  other  acts  required  by  law. 

§  !75-  (796-)  DUTIES  OF  CLERK.  RECORDS.]  The  clerk 
shall  keep  a  true  record  of  all  the  proceedings  of  the  board,  take 
charge  of  its  books  and  documents,  countersign  all  warrants  for 
school  moneys  drawn  upon  the  treasurer  by  order  of  the  board 
and  affix  the  corporate  seal  thereto  and  perform  such  other 
duties  as  the  board  may  require.  The  records,  books,  vouchers 
and  papers  of  the  board  shall  be  open  to  examination  by  any  tax- 
payer of  the  district.  Such  record  or  a  transcript  thereof  certi- 
fied by  the  clerk  and  attested  by  the  seal  of  the  board,  shall  be 
received  in  all  courts  as  prima  facie  evidence  of  the  facts  therein 
set  forth. 

§  176.  (797.)  POWERS  AND  DUTIES  OF  BOARD.]  Each  board 
of  education  shall  have  power  and  it  shall  be  its  duty: 

1.  To  establish   a  system  of  graded   common  schools,  which 
shall  be  free  to  all   children  of  legal   school  age   residing  within 
such  special  district,  and  shall  be  kept  open  not  less  than  six  nor 
more  than  ten  months  in  any  year. 

2.  To  establish  and  maintain  such  schools  in  its  city,  town  or 
village  as  it  shall  deem  requisite  or  expedient  and  to   change  or 
discontinue  the  same. 

3.  To  establish  and  maintain  a  high   school,  whenever  in   its 
opinion  the  educational  interests  of  the  corporation  demand  the 
same,  in  which  such  courses  of  study  shall  be  pursued  as  shall  be 
prescribed  or  approved  by  the  Superintendent  of  Public  Instruc- 
tion, together  with  such  additional  courses  as  such  board  of  educa- 
tion may  thereafter  deem  advisable  to  establish. 

4.  To  purchase,  sell,   exchange  and  hire   school   houses  and 
rooms,  lots  or  sites  for  school  houses,  and  to  fence  and  otherwise 
improve  them  as  it  deems  proper. 

5.  Upon  such  lots  and  upon  such  sites   as   may  be   owned  by 
such  special  district  to  build,  alter,  enlarge,  improve  and  repair 
school  houses,    outhouses   and   appurtenances    as    it   may   deem 
advisable. 

6.  To  purchase,  sell,   exchange,   improve   and   repair   school 
apparatus,  text-books  for  the    use  of   the    pupils,  furniture   and 
appendages,  and  to  provide  fuel  for  the  schools. 

7.  To  have  the  custody  of  all  school   property  of  every  kind 
and  to  see  that  the  ordinances  and  by-laws  of  the  city  or  village 
in  relation  thereto  are  observed. 

8.  To  contract   with,    employ  and  pay   all   teachers    in    such 
schools  and  to   dismiss  and   remove  for  cause  any  teacher  when- 
ever the  interests  of  the  school  may  require  it;  but  any  such  teacher 
shall  be  required  to  hold  a  certificate  to  teach,  issued   by   the 
county  superintendent  or  the  Superintendent  of   Public   Instruc- 
tion, and  if  any  such  teacher  holds  only  a  county  certificate  the 
board  may  impose  such  further  requirements  as  the  best  interests 

s.  L. — 6. 


74  GENERAL    SCHOOL    LAWS, 


of  the  several  grades  may  require.  No  person  who  is  a  relative 
of  any  member  of  the  board  shall  be  employed  as  teacher  without 
the  concurrence  of  the  entire  board. 

9.  To  employ,  should  it  deem  it  expedient,  a  competent  and 
discreet  person  as  superintendent  of  schools  and  to  fix  and  pay  a 
proper  compensation  therefor,  and  such  superintendent  may  be 
required  to  act  as  principal  or  teacher  in  such  schools. 

10.  To  defray  the  necessary  and  contingent  expenses  of  the 
board,  including  the  compensation  of  its  clerk. 

11.  To  adopt,  alter  and  repeal,  whenever  it  may  deem  expe- 
dient, rules  and  regulations  for  organization,  grading,  government, 
and  instruction  and  the  reception  of  pupils,  their  suspension  and 
expulsion  and  their  transfer  from  one  school  to  another.     But 
no  pupil  shall  be  suspended  or  expelled  except  for  insubordina- 
tion, habitual  disobedience  or  disorderly  conduct;  such  suspension 
shall  not  be  for  a  longer  period  than  ten  days,  nor  such  expulsion 
beyond  the  end  of  the  current  term  of  school. 

12.  Each  member  shall  visit,  at  least  twice  in  each  year,  all  the 
public  schools  in  the  city  or  village. 

13.  To  make  a  report  on  January  first,  or  as  soon  thereafter  as 
practicable,  of  the  progress,  prosperity  and  condition,  financial  as 
well  as  educational,  of  all  the  schools  under  its  charge,  a  copy  of 
which,  together  with  such  further  information  as  shall  be  required 
by  the  Superintendent  of   Public   Instruction,  shall  be  forwarded 
to  the  county  superintendent  the  same  as  reports  are  made  by 
other  school  districts;  and  such  report  or  such  portion  thereof  as 
the  board  of  education  shall  consider  advantageous  to  the  public, 
shall  be  published  in' a  newspaper  in  the   city  or  village,  and  in 
cities  and  villages  of  over  eight  hundred   inhabitants,  it  may  be 
published  in  pamphlet  form. 

14.  To  admit  children  of  persons  not  living  in  such  special 
district  into  the  schools  of  such  district,  and  to  fix  and  collect  the 
tuition  therefor,  if  in  its  judgment  the  best  interests  of  the  school 
will  permit. 

15.  To   cause  an  enumeration   of  the  children  of  school  age 
within  such  special  district,  including  those  residing  in  any  terri- 
tory thereto  attached  for  school  purposes,  to  be  made  annually, 
as  provided  for  other  school  districts,  and  return  the  same  to  the 
county  superintendent. 

§  177-  (798-)  TREASURER,  CUSTODIAN  OF  SCHOOL  MONEYS.] 
All  moneys  from  whatever  source,  which  the  board  of  education 
of  any  special  district  shall  by  law  be  authorized  to  receive,  shall 
be  paid  over  to  the  treasurer  of  such  board  and  he  shall  charge 
the  same  to  the  proper  fund. 

§  178.  (799.)  SCHOOLS  UNDER  SUPERVISION  OF  WHOM.]  The 
schools  of  each  special  district  shall  be  under  the  immediate 
supervision  of  the  board  of  education  or  the  school  superinten- 
dent appointed  by  such  board,  subject  to  such  general  directions 


NORTH    DAKOTA.  75 


and  supervision  by  the  county  superintendent  as  are  provided  for 
in  this  chapter. 

§  179.  (800.)  TAXABLE  PROPERTY.]  The  taxable  property  of 
the  whole  school  corporation  including  the  territory  attached  for 
school  purposes,  shall  be  subject  to  taxation.  All  taxes  collected 
for  the  benefit  of  the  school  shall  be  paid  in  money,  and  shall  be 
placed  in  the  hands  of  the  treasurer,  subject  to  the  order  of  the 
board  of  education. 

§  180.  (801.)  ANNUAL  SCHOOL  TAX.]  The  board  of  education 
shall  on  or  before  the  twentieth  day  of  July  of  each  year  levy  a 
tax  for  the  support  of  the  schools  of  the  corporation,  including 
any  expenditures  allowed  by  law,  for  the  fiscal  year  next  ensuing, 
not  exceeding  in  any  one  year  thirty  mills  on  the  dollar  on  all 
the  real  and  personal  property  within  the  district  which  is  taxable 
according  to  the  laws  of  this  State,  the  amount  of  which  levy  the 
clerk  of  the  board  shall  certify  to  the  county  auditor,  who  is 
authorized  and  required  to  place  the  same  on  the  tax  roll  of  such 
county  to  be  collected  by  the  county  treasurer  as  other  taxes  and 
paid  over  by  him  to  the  treasurer  of  the  board  of  education,  of 
whom  he  shall  take  a  receipt  in  duplicate,  one  of  which  he  shall 
file  in  his  office  and  the  other  he  shall  forthwith  transmit  to  the 
clerk  of  the  board  of  education. 

§  181.  (802.)  EXPENDITURES.  CONTRACTS.]  No  expenditures 
involving  an  amount  greater  than  one  hundred  dollars  shall  be 
made  except  in  accordance  with  the  provisions  of  a  written  con- 
tract, and  no  contract  involving  an  expenditure  of  more  than  five 
hundred  dollars  for  the  purpose  of  erecting  any  public  buildings 
or  making  any  improvements  shall  be  made  except  upon  sealed 
proposals  and  to  the  lowest  responsible  bidder,  after  public  notice 
for  ten  days  previous  to  receiving  such  bids. 

§  182.  (803.)  TREASURER.]  The  treasurer  of  any  city,  town 
or  village  comprising  a  special  district  shall  be  treasurer  of  the 
board  of  education  thereof. 

§  183.  (804.)  TREASURER,  DUTIES  OF.]  The  treasurer  of  each 
board  of  education  shall  keep  a  true  account  of  the  receipts  and 
expenditures  of  the  various  funds  separately,  and  shall  prepare 
and  submit  in  writing  a  quarterly  report  of  the  state  of  the 
finances  of  the  district;  and  shall,  when  required,  produce  at  any 
meeting  of  such  board  or  any  committee  appointed  for  the 
purpose  of  examining  his  accounts,  all  books  and  papers  per- 
taining to  his  office.  He  shall  safely  keep  in  his  possession  or 
under  his  control  all  school  moneys  coming  into  his  hands,  and 
shall  pay  out  such  moneys  only  upon  a  warrant  signed  by  the 
president,  countersigned  by  the  clerk  and  attested  by  the  corpor- 
ate seal  of  the  board. 

§  184.  (805.)  TREASURER'S  BOND.]  The  treasurer  of  the 
board  shall  execute  a  bond  to  such  board,  with  sufficient  sureties 
to  be  approved  by  the  board,  in  such  sum  and  as  such  board  may 
from  time  to  time  require,  as  near  as  can  be  ascertained  in  double 


76  GENERAL    SCHOOL    LAWS, 

the  amount  of  the  moneys  likely  to  come  into  his  hands,  condi- 
tioned for  the  faithful  discharge  of  his  duties  as  treasurer;  which 
bond  shall  be  in  addition  to  his  bond  to  the  city,  town  or  village. 
In  case  of  the  failure  of  the  city,  town  or  village  treasurer  to 
give  such  bond  within  ten  days  after  being  required  so  to  do  by 
such  board  of  education,  such  treasurer's  office  shall  become 
vacant,  and  the  council  or  board  of  trustees  of  such  city,  town  or 
village  shall  appoint  another  person  in  his  place,  who  shall  give 
such  additional  bond. 

§  185.  (806.)  BOARD  ASSUMES  CONTROL  AFTER  EQUALIZATION 
OF  DEBTS  AND  PROPERTY.]  When  any  board  of  education  shall 
be  organized  under  the  provisions  of  this  article,  it  shall,  after  the 
equalization  hereinafter  provided  for,  assume  control  of  the 
schools  of  the  city,  town  or  village  and  shall  be  entitled  to  the 
possession  of  all  property  of  the  former  district  or  districts  or 
parts  thereof  lying  within  such  city,  town  or  village,  for  the  use 
of  schools.  Such  board  shall  also  be  entitled  to  its  due  propor- 
tion of  all  moneys  on  hand  and  taxes  already  levied  but  not 
collected,  and  shall  be  liable  for  a  proper  amount  of  the  debts  and 
liabilities  of  such  former  district,  to  be  determined  in  the  manner 
provided  in  this  chapter  for  the  equalization,  determination  and 
division  of  debts,  property  and  assets  of  school  districts  consoli- 
dated or  divided. 

§  186.  (807.)  SPECIAL  DISTRICT  MAY  BECOME  PART  OF  GEN- 
ERAL DISTRICT,  WHEN.]  Any  special  district  organized  under  the 
general  school  laws  and  provided  with  a  board  of  education  may 
become  a  part  of  the  school  district  in  which  it  is  located,  when- 
ever it  is  so  decided  by  a  majority  vote  of  the  school  electors  of 
the  city,  town  or  village  and  of  such  school  district  voting  at  an 
election  called  for  that  purpose.  An  election  for  such  purpose 
shall  be  ordered  and  proper  notice  thereof  given  by  the  board  of 
education  and  the  school  board  of  such  district  in  the  same 
manner  as  is  required  for  the  election  of  school  officers  in  such 
district,  when  petitioned  by  one-third  of  the  voters  resident  in 
such  district,  and  when  so  united  the  determination  and  division 
of  the  debts,  property  and  assets  shall  be  made  by  arbitration  as 
provided  in  this  chapter  for  school  districts  consolidated  or 
divided.  Villages  not  incorporated  but  heretofore  organized 
under  the  general  school  laws  and  provided  with  a  board  of 
education  shall  become  a  part  of  the  school  district  in  which 
they  are  located  and  the  determination  and  division  of  the 
property,  debts  and  assets  shall  be  made  by  arbitration  as  afore- 
said. 

§  187.  (808.)  ELECTION  OF  BOARDS  OF  EDUCATION  IN  SPECIAL 
DISTRICTS.]  On  the  third  Tuesday  in  June  each  year  an  election 
shall  be  held  in  each  special  district  at  which  such  members  of 
the  board  of  education  shall  be  elected  at  large  as  shall  be 
necessary  to  fill  all  vacancies  therein  caused  by  expiration  of 
terms  of  office  or  otherwise,  and  each  member  elected  shall  serve 


NORTH    DAKOTA.  77 


for  a'term  of  three  years  commencing  on  the  second  Tuesday  in 
July  following  his  election  and  until  his  successor  is  elected  and 
qualified,  except  when  elected  to  serve  an  unexpired  term.  The 
polls  shall  be  open  at  9  o'clock  A.  M.  and  kept  open  until  4  o'clock 
r.  M.  on  the  day  of  such  election. 

§  188.  (809.)  NOTICE  OF  ELECTION,  CONTENTS  OF.]  Such 
election  shall  be  called  by  the  board  of  education  of  such  special 
district,  which  shall  cause  notice  thereof  to  be  posted  or 
published  as  required  by  law  for  the  annual  election  of  civil 
officers  in  the  city,  town  or  village  comprising  such  special 
district;  such  notice  shall  be  signed  by  the  clerk,  or,  in  his 
absence,  by  the  president  of  the  board  of  education  of  such 
district,  and  shall  state  the  time  and  place  of  holding  such  elec- 
tion and  what  officers  are  to  be  elected  and  their  terms. 

§  189.  (810.)  NOTICE  OF  ELECTION,  FORM  OF.]  Such  notice 
shall  be  in  substantially  the  following  form: 

Notice  is  hereby  given,  that  on  Tuesday  the day  of  June 

A.  D an  annual  election  will  be  held  at (here  insert 

polling  place)  for  the  purpose  of  electing  the  following  members 

of  the  board  of  education (here  insert  terms  for  which 

they  are  to  be  elected),  for  the  city,  town  or  village  of 

(here  insert  name)  and  the  polls  will  be  open  at  nine  o'clock  A. 
M.  and  closed  at  four  o'clock  p.  M.  of  that  day. 

By  order  of  the  board  of  education. 

Signed 

•    Clerk. 

§  190.  (811.)  ELECTION  PRECINCTS  AND  OFFICERS  OF  ELEC- 
TION.] At  least  fifteen  days  prior  to  such  election  the  board  of 
education  of  each  special  district  shall  designate  one  polling 
place  and  appoint  two  persons  to  act  as  judges  and  two  persons 
to  act  as  clerks.  Before  opening  the  polls  each  of  such  judges 
and  clerks  shall  take  an  oath  that  he  will  perform  his  duties  as 
judge  or  clerk  (as  the  case  may  be)  according  to  law  and  to  the 
best  of  his  ability,  which  oath  may  be  administered  by  any  officer 
authorized  to  administer  oaths  or  by  either  of  said  judges  or 
clerks  to  the  others. 

§  191.  (812.)  CANVASS  OF  RETURNS.]  Such  election  shall  be 
conducted  and  the  votes  canvassed  in  the  manner  provided  by 
law  for  elections  of  county  officers,  and  returns  shall  be  made 
showing  the  number  of  votes  cast  for  each  person  for  any  office, 
which  shall  be  signed  by  the  judges  and  clerks  of  election,  and 
the  person  receiving  the  highest  number  of  votes  for  each  office 
in  the  district  shall  be  declared  elected,  and  the  returns  shall  be 
filed  with  the  clerk  of  the  board  of  education  within  two  days 
thereafter. 

§  192.  (813.)  CERTIFICATES  OF  ELECTION.]  The  clerk  of  the 
board  shall  give  to  each  person  elected  at  such  election  a  certifi- 
cate stating  that  he  was  duly  elected  as  a  member  of  the  board  of 
education  and  the  time  he  is  to  take  the  oath  and  enter  upon  the 


78  GENERAL   SCHOOL    LAWS, 

duties  of  his  office.  Such  clerk  shall  also  certify  as  soon  as 
possible  to  the  county  superintendent  of  schools  the  persons  so 
elected  and  their  terms. 

§  193.  (814.)  VACANCIES,  HOW  FILLED.]  The  board  of  edu- 
cation of  each  city,  town  and  village  shall  have  power  to  appoint 
a  person  to  fill  any  vacancy  which  may  occur  in  the  board;  and 
such  appointee  shall  hold  his  office  until  the  next  annual  school 
election,  at  which  time  a  person  shall  be  elected  to  serve  for  the 
unexpired  term;  but  if  such  vacancy  shall  occur  within  ten  days 
before  an  annual  election,  such  appointee  shall  hold  office  until 
the  annual  election  in  the  following  year.  When  any  such 
appointment  shall  be  made  the  clerk  shall  certify  the  same  to  the 
county  superintendent. 

§  194.  (815.)  OATH  OF  OFFICE.]  Before  entering  upon  the 
duties  of  his  office  each  person  elected  or  appointed  as  a  member 
of  the  board  of  education,  shall  take  the  oath  or  affirmation 
prescribed  in  section  211  of  the  constitution,  which  oath  shall  be 
filed  with  the  clerk  of  the  board. 

§  195.  (816.)  BONDS,  HOW  AND  WHEN  MAY  BE  ISSUED.] 
Whenever  the  taxes  authorized  by  law  shall  not  be  sufficient  or 
shall  be  deemed  by  the  board  of  education  to  be  burdensome, 
bonds  may  be  issued  and  negotiated  for  the  purpose  of  raising 
money  to  purchase  a  site  or  to  erect  suitable  buildings  thereon,  or 
to  fund  any  outstanding  indebtedness  of  the  school  corporation; 
provided,  tjiat  the  issuance  of  such  bonds  shall  first  be  authorized 
by  the  voters  of  such  special  district  as  hereinafter  prescribed. 
Such  bonds  shall  be  signed  by  the  president  and  clerk  and 
attested  by  the  corporate  seal  of  the  board,  shall  bear  the  date  of 
their  issue,  and  be  payable  in  not  less  than  five  nor  more  than 
twenty  years  from  their  date,  at  such  place  as  shall  be  designated 
upon  their  face;  and  such  bonds  shall  be  in  denominations  of  not 
less  than  one  hundred  dollars,  shall  bear  interest  at  not  more  than 
seven  per  cent  per  annum,  payable  semi-annually  on  the  first  day 
of  January  and  July  in  each  year,  shall  show  upon  their  face  that 
they  are  issued  for  school  purposes,  and  shall  be  sold  at  not 
less  than  par.  Each  bond  shall  have  indorsed  thereon  the  certi- 
ficate of  the  clerk  of  the  board  stating  that  such  bond  is  issued 
pursuant  to  law  and  is  within  the  debt  limit  prescribed  by  the 
constitution. 

§  196.  (817.)  ELECTION  FOR  ISSUING  BONDS.]  Before  issuing 
any  such  bonds  the  board  of  education  shall  call  an  election  for 
the  purpose  of  submitting  to  the  voters  of  the  district  the  question 
of  issuing  such  bonds,  notice  of  which  shall  be  given  in  the  man- 
ner prescribed  by  law,  for  giving  notice  of  the  annual  election  for 
the  several  officers  of  the  city,  town  or  village  comprising  such 
special  district,  except  that  such  notice  shall  be  given  twenty 
days  before  such  election:  Such  election  shall  be  conducted  and 
the  returns  made  in  the  manner  provided  for  the  annual  election 
of  members  of  the  board  of  education,  and  may  be  held  at  the 


NORTH    DAKOTA.  79 


time  of  the  annual  school  election  or  at  any  other  time  named  in 
such  notice.  The  notice  of  such  election  shall  clearly  state 
the  amount  of  the  bonds  proposed  to  be  issued,  the  time  in  which 
they  shall  be  made  payable,  the  purpose  for  which  they  are  to  be 
issued,  and  the  time  and  place  such  election  will  be  held.  At 
such  election  the  voters  shall  have  written  or  printed  on  their 
ballots  "for  issuing  bonds"  or  "against  issuing  bonds"  and  if  a 
majority  of  the  votes  cast  is  for  issuing  bonds  such  bonds  shall  be 
issued  and  negotiated  by  such  board  of  education,  but  if  a 
majority  thereof  is  against  issuing  bonds  such  bonds  shall  not  be 
issued,  nor  shall  the  question  be  again  submitted  for  one  year 
thereafter  except  for  a  different  amount  and  then  only  upon  a 
written  petition  of  a  majority  of  the  voters  of  the  district. 

§  197.  (818.)  BONDS  TO  SPECIFY  WHAT.  DEBT  LIMIT.]  The 
bonds,  the  issuance  of  which  is  provided  for  in  the  foregoing 
section,  shall  specify  the  rate  of  interest  and  the  time  when  the 
principal  and  interest  shall  be  .paid;  and  no  district  shall  issue 
bonds  in  pursuance  of  this  article  in  a  sum  greater  than  five  per 
cent  of  its  assessed  valuation,  including  other  debts. 

§    198       (819.)       LEVY    FOR    INTEREST    AND    SINKING    FUND.]       The 

board  of  education  at  the  time  of  its  annual  tax  levy  for  the 
support  of  schools  shall  also  levy  a  sufficient  amount  to  pay  the 
interest  as  the  same  accrues  on  all  bonds  issued  under  provisions 
of  this  article,  and  also  to  create  a  sinking  fund  for  the  redemp- 
tion of  such  bonds,  which  it  shall  levy  and  collect  in  addition  to 
the  rate  per  cent  authorized  by  the  provisions  aforesaid  for  school 
purposes,  and  such  amount  of  funds  when  paid  into  the  treasury 
shall  be  and  remain  a  special  fund  for  such  purpose  only  and 
shall  not  be  appropriated  in  any  other  way  except  as  hereinafter 
provided.  At  or  before  the  issuance  of  any  bonds  as  herein  pro- 
vided the  board  shall  by  resolution  provide  for  such  annual  levy 
to  pay  the  interest  and  to  create  such  sinking  fund,  and  such 
resolution  shall  remain  in  force  until  all  such  bonds  and  the 
interest  thereon  shall  have  been  paid. 

§  J99-  (820.)  INVESTMENT  OF  SINKING  FUND.]  All  moneys 
raised  for  the  purpose  of  creating  a  sinking  fund  for  the  final 
redemption  of  all  bonds  issued  under  this  article,  shall  be  invested 
annually  by  the  board  of  education  in  the  bonds  of  this  State  or 
of  the  United  States,  or  the  board  may  buy  and  cancel  the  bonds 
of  the  district. 

§  200.  (821.)  INTEREST  COUPONS.]  When  the  interest  cou- 
pons of  the  bonds  hereinbefore  authorized  shall  become  due  they 
shall  be  promptly  paid,  upon  presentation,  by  the  treasurer  out  of 
any  moneys  in  his  hands  collected  for  that  purpose,  and  he  shall 
indorse  in  red  ink  upon  the  face  of  such  coupons  the  word  "paid" 
and  the  date  of  payment  and  sign  the  initials  of  his  name. 

§  201.  (822.)  SECURITY  FOR  PAYMENT  OF  BONDS.]  The  school 
fund  and  property  of  such  school  corporation  and  territory 
attached  for  such  purposes  is  hereby  pledged  to  the  payment  of 


80  GENERAL  SCHOOL  LAWS, 

the  interest  and  principal  of  the  bonds  mentioned  in  this  article 
as  the  same  may  become  due. 

§  202.  (823.)  BOND  REGISTER.]  The  clerk  of  the  board  of 
education  shall  register  in  a  book  provided  for  that  purpose  the 
bonds  issued  under  this  article  and  all  warrants  issued  by  the 
board,  which  register  shall  show  the  number,  date  and  amount  of 
such  bonds  and  to  whom  payable. 

§  203.  (824.)  REFUNDING  BONDS,  ISSUANCE  OF.]  The  board 
of  education  of  any  special  or  independent  school  district  shall 
have  power,  whenever  two-thirds  of  the  members  of  such  board 
shall  deem  it  necessary  and  for  the  best  interests  of  such  school 
district,  to  issue  bonds  for  the  purpose  of  refunding  any  out- 
standing bonds  when  the  same  become  due.  Such  bonds  shall 
not  exceed  in  amount  the  face  value  of  the  bonds  they  are  issued 
to  replace,  and  shall  not  bear  a  higher  rate  of  interest  than  seven 
per  cent  per  annum,  nor  run  for  a  longer  period  than  twenty 
years. 

§  204.  (825.)  BONDS  MAY  BE  EXCHANGED.]  Such  refunding 
bonds  may  be  exchanged  at  par  for  an  equal  amount  of  outstand- 
ing bonds  or  may  be  sold  at  not  less  than  par  value  and  the  pro- 
ceeds applied  solely  to  the  payment  of  the  bonds  to  be  refunded, 
except  that  any  premium  that  may  be  received  on  the  sale  of 
such  bonds  shall  be  kept  as  a  separate  fund  and  used  for  the  pay- 
ment of  the  interest  on  such  bonds. 

§  205.  (826.)  ISSUE  OF  BONDS,  HOW  GOVERNED.]  In  the 
issuance  of  such  refunding  bonds  the  board  of  education  shall  be 
governed  by  the  provisons  of  sections  818  to  823. 

§  206.  (827.)  SURPLUS  FUNDS,  HOW  TRANSFERRED.]  Any 
moneys  remaining  in  the  treasury  of  such  school  districts, 
appropriated  or  held  for  the  purpose  of  paying  such  bonds  so 
refunded,  may,  at  the  discretion  of  the  board  of  education  at  any 
time  within  six  months  after  such  refunded  bonds  have  been 
taken  up  and  canceled,  be  transferred  to  the  building  or  contin- 
gent fund  of  such  district. 


NORTH    DAKOTA.  8 1 


ARTICLE  XVIII. 

INDEPENDENT  SCHOOL  DISTRICTS. 

Section.  Section. 

207.  Independent  Districts,  How  Organized.  222.  Moneys  Paid  to  City  Treasurer. 

208.  Notice  of  Election.  223.  Bond  of  Treasurer. 

209.  Form  of  Ballots— Returns.  224.  School  Funds,  How  Kept  and  Paid  Out. 

210.  Boundaries  of  Independent  Districts.  225.  General  Powers  of  Board. 

211.  Members  of  Board,  How  Elected — Quorum.         226.  Visiting  Schools. 

212.  Date  of  Election — Canvass  of  Votes.  227.  Non-Resident  Pupils. 

213.  Vacancies,  How  Filled.  228.  Expenditures  not  to  Exceed  Revenues. 

214.  Style  and  Powers  of  Board.  229.  Title  to  Property  of  District. 

215.  Responsibility  of  Board.  230.  Real  Property — Title,  How  Conveyed. 

216.  Meetings  of  Board.  231.  Report  of  City  Treasurer. 

217.  Secretary,  Duties  of.  232.  City  Council  to  Pass  Certain  Ordinances. 

218.  Powers  of  Board.  233.  Forfeit  for  Refusal  to  Serve  as  Member  of 

219.  Collection  of  Tax.  Board. 

220.  Amount  of  Tax  Limited.  234.  New  District  to  Assume  Debts  of  Old. 

221.  Authority  to  Issue  Bonds. 

§  207.  (828.)  INDEPENDENT  DISTRICTS,  HOW  ORGANIZED.] 
Any  city  heretofore  organized  for  school  purposes  under  a  special 
law  and  provided  with  a  board  of  education  may  become  incor- 
porated as  an  independent  school  district  under  the  provisions  of 
this  article  in  the  manner  following:  Whenever  one-eighth  of 
the  legal  voters  of  such  city  voting  at  the  preceding  municipal 
election  shall  petition  the  mayor  and  council  thereof  to  submit 
the  question  as  to  whether  such  city  shall  establish  an  independ- 
ent school  district  under  this  article  to  a  vote  of  the  electors  in 
such  city  it  shall  be  the  duty  of  such  mayor  and  council  to 
submit  such  question  accordingly  and  to  appoint  a  time  and 
place  or  places  at  which  such  vote  may  be  taken  and  to  designate 
the  persons  who  shall  act  as  judges  at  such  election,  but  such 
question  shall  not  be  submitted  oftener  than  once  in  two  years. 

§  208.  (829.)  NOTICE  OF  ELECTION.]  The  mayor  of  such 
city  shall  cause  at  least  twenty  days'  notice  of  such  election  to 
be  given  by  publishing  a  notice  thereof  in  one  or  more  news- 
papers within  such  city,  but  if  no  newspaper  is  published  therein, 
then  by  posting  at  least  five  copies  of  such  notice  in  each  ward  or 
voting  precinct. 

§  209.  (830.)  FORM  OF  BALLOTS.  RETURNS.]  The  ballots  to 
be  used  at  such  election  shall  be  in  the  following  form:  "For 
establishing  an  independent  school  district"  or  "against  estab- 
lishing an  independent  school  district."  The  judges  of  such 
election  shall  make  returns  thereof  to  the  city  council  whose 
duty  it  shall  be  to  canvass  such  returns  and  cause  the  result  of 
such  canvass  to  be  entered  upon  the  records  of  such  city.  If  a 
majority  of  the  votes  cast  at  such  election  shall  be  for  establish- 
ing an  independent  school  district,  such  independent  school 
district  shall  thenceforth  be  deemed  to  be  organized  under  this 
article  and  the  board  of  education  then  in  office  shall  thereupon 
exercise  the  powers  conferred  upon  like  officers  in  this  article 
until  their  successors  are  elected  and  qualified. 

§  210.  (831.)  BOUNDARIES  OF  INDEPENDENT  DISTRICTS.]  All 
that  portion  included  within  the  corporate  limits  of  any  city 


82  GENERAL    SCHOOL    LAWS, 

together  with  the  additions  that  are  now  or  may  be  hereafter 
attached  to  such  city  limits  shall  be  constituted  and  established 
an  independent  school  district  to  be  designated  as  the  "  Inde- 
pendent School  District  of  the  City  of "  and  a  board  of 

education  is  hereby  established  for  the  same. 

§211.  (832.)  MEMBERS  OF  BOARD,  HOW  ELECTED.  QUORUM.] 
Such  board  shall  consist  of  one  member  from  each  ward  in  the 
city,  and  when  the  city  is  divided  into  an  even  number  of  wards, 
then  such  city  shall  elect  one  member  of  such  board  at  large. 
Such  members  shall  hold  their  office  for  the  term  of  two  years 
and  until  their  successors  are  elected  and  qualified.  A  majority 
of  the  members  of  such  board  shall  constitute  a  quorum  for  the 
transaction  of  business,  but  a  smaller  number  may  meet  and 
adjourn.  The  electors  in  each  ward  in  such  city  shall  elect  one 
member  of  such  board,  and  the  electors  of  such  city  shall  elect 
one  member  of  the  board  at  large.  The  wards  having  even 
numbers  shall  hold  their  election  in  each  even  numbered  year 
and  the  wards  having  odd  numbers  shall  hold  their  election  in 
each  odd  numbered  year.  The  member  at  large  shall  be  elected 
biennially  in  the  even  numbered  years. 

§  212.  (833.)  DATE  OF  ELECTION.  CANVASS  OF  VOTES.]  The 
election  referred  to  in  the  foregoing  section  shall  be  held  on  the 
third  Monday  in  April  of  each  year,  at  the  usual  polling  place 
for  municipal  elections  in  each  ward.  The  mayor  shall  have 
authority  and  he  is  hereby  empowered  to  appoint  two  judges  and 
one  clerk  for  such  election,  who  shall  open  the  polls  at  the  hour 
of  eleven  o'clock  in  the  forervoon  and  hold  the  same  open  until 
five  o'clock  in  the  afternoon  of  the  same  day.  Such  election 
shall  be  conducted  in  all  respects  and  the  polls  closed  and  votes 
canvassed  in  the  same  manner  as  municipal  elections,  and  the 
judges  shall  have  the  same  power  and  authority  in  all  respects  as 
the  judges  of  election  for  municipal  officers,  and  after  the  votes 
are  canvassed  the  judges  shall  make  their  returns  to  the  city 
clerk  or  auditor,  as  the  case  may  be,  within  twenty-four  hours 
after  the  polls  are  closed,  and  the  city  council  shall  canvass  such 
returns  and  declare  the  result  within  three  days  thereafter,  which 
result  shall  be  entered  upon  the  records  of  the  city,  and  it  shall 
be  the  duty  of  the  city  clerk  or  auditor  to  issue  certificates  of 
election  to  the  persons  declared  elected.  The  judges  and  clerks 
of  election  shall  receive  the  same  compensation  for  their  services 
as  at  municipal  elections  for  mayor  and  aldermen. 

§213.  (834.)  VACANCIES,  HOW  FILLED.  If  any  vacancy  occurs 
in  the  board  for  any  cause,  the  remaining  members  thereof  shall 
fill  such  vacancy  by  appointment  until  the  next  annual  election, 
and  at  such  election  a  new  member  shall  be  elected  to  fill  the 
unexpired  term. 

§  214.  (835.)  STYLE  AND  POWERS  OF  BOARD.]  The  board  so 
elected  shall  be  a  body  corporate  in  relation  to  all  the  powers 
and  duties  conferred  upon  it  by  this  article,  and  shall  be  styled 


NORTH    DAKOTA.  83 


"  The  Board  of  Education  of  the  Independent  School  District  of 

the  City  of (here  insert  the  name  of  the  city)"  and  as 

such  shall  have  power  to  sue  and  be  sued,  contract  and  be 
contracted  with,  and  shall  possess  all  the  powers  usual  and  inci- 
dent to  such  bodies  corporate,  and  as  shall  be  herein  given,  and 
shall  procure  and  keep  a  common  seal.  At  each  annual  meeting 
of  the  board  the  members  thereof  shall  elect  one  of  their  number 
president  of  the  board,  and  when  he  is  absent  a  president  pro 
tempore  shall  be  appointed  who  shall  preside  during  such 
absence.  The  members  so  elected  shall  each  qualify  by  taking 
the  prescribed  oath  of  office  within  ten  days  after  receiving  their 
certificate  of  election,  and  shall  assume  the  duties  of  the  office  at 
the  annual  meeting  of  the  board  held  on  the  first  Monday  in 
May  of  each  year. 

§  215.  (836.)  RESPONSIBILITY  OF  BOARD.]  The  members  of 
the  board  shall  receive  no  compensation,  nor  be  interested 
directly  or  indirectly  in  any  contract  for  building  or  making  any 
improvements  or  repairs  provided  by  this  chapter.  They  shall 
have  the  care  and  custody  of  all  public  property  in  such  district 
pertaining  to  school  purposes  and  the  general  management  and 
control  of  all  school  matters. 

§  216.  (837.)  MEETINGS  OF  BOARD.]  The  regular  meetings 
of  the  board  shall  be  held  on  the  first  Tuesday  of  each  month, 
and  the  board  may  hold  special  meetings  upon  notice.  The 
regular  meetings  may  be  adjourned  for  any  time  shorter  than  one 
month.  Special  meetings  may  be  called  by  the  president,  or  in 
case  of  his  absence  or  inability  to  act,  by  any  three  members  of 
the  board  as  often  as  necessary  by  giving  a  personal  notice  in 
writing  to  each  member  of  the  board  or  by  causing  such  notice 
to  be  left  at  his  place  of  residence  at  least  forty-eight  hours 
before  the  hour  of  such  special  meeting. 

§  217.  (838.)  SECRETARY,  DUTIES  OF.]  Such  board  shall 
appoint  a  secretary  who  shall  hold  his  office  during  the  pleasure 
of  the  board  and  whose  compensation  shall  be  fixed  by  the 
board.  The  secretary  shall  keep  a  record  of  the  proceedings  of 
the  board  and  perform  such  other  duties  as  the  board  may  pre- 
scribe. Such  record  or  a  transcript  thereof,  certified  by  the 
secretary  and  attested  by  the  seal  of  'the  board,  shall  be  received 
in  all  courts  as  prima  facie  evidence  of  the  facts  therein  set  forth; 
and  such  records,  and  all  books,  accounts,  vouchers  and  papers  of 
the  board  shall  at  all  times  be  subject  to  inspection  by  the  mem- 
bers of  such  board  or  any  committee  thereof,  or  by  any  taxpayer 
of  the  district.  For  the  purpose  of  economy  the  board  may,  if 
deemed  advisable,  appoint  one  of  its  own  members  secretary. 
The  annual  report  of  the  secretary  shall  contain  such  items  as 
may  be  required  by  the  Superintendent  of  Public  Instruction. 

§  218.  (839.)  POWERS  OF  BOARD.]  The  board  shall  have 
power  and  it  shall  be  its  duty  to  levy  and  raise  from  time  to  time 


84  GENERAL    SCHOOL    LAWS, 

by  tax  such  sums  as  may  be  determined  by  the  board  to  be  neces- 
sary and  proper  for  any  of  the  following  purposes: 

1.  To  purchase,  exchange,  lease  or  improve  sites  for  school 
houses. 

2.  To  build,  purchase,  lease,  enlarge,  alter,  improve  and  repair 
school  houses  and  their  outhouses  and  appurtenances. 

3.  To  purchase,  exchange,  improve  and  repair  school  appara- 
tus, books,  furniture  and  appendages. 

4.  To  procure  fuel  and  defray  the  contingent  expenses  of  the 
board,  including  the  expenses  of  the  secretary. 

5.  To  pay  teachers'  wages  after  the  apportionment  of  public 
moneys  which  may  be  by  law  appropriated  and  provided  for  that 
purpose. 

§  219.  (840.)  COLLECTION  OF  TAX.]  The  tax  to  be  levied 
and  collected  as  aforesaid  by  virtue  of  this  article  shall  be  col- 
lected in  the  same  manner  as  other  county  taxes,  and  for  that 
purpose  the  board  of  education  shall  have  power  to  levy  and 
cause  to  be  collected  such  taxes  as  are  herein  authorized,  and 
shall  cause  the  amount  for  each  purpose  to  be  certified  by  the 
secretary  to  the  county  auditor  in  time  to  be  added  to  and  put 
upon  the  annual  tax  list  of  the  county.  And  it  shall  be  the  duty 
of  the  county  auditor  to  calculate  and  extend  upon  the  annual 
assessment  roll  and  tax  list  the  tax  so  levied  by  such  board,  and 
such  tax  shall  be  collected  as  other  county  taxes  are  collected. 

§  220.  (841.)  AMOUNT  OF  TAX  LIMITED.]  The  amount  raised 
for  teachers'  wages  and  contingent  expenses  shall  be  only  such  as 
together  with  the  public  moneys  coming  to  such  district  from 
the  State  and  county  fund  and  other  sources  shall  be  sufficient  to 
maintain  efficient  and  proper  schools  in  such  district.  The  taxes 
for  the  purchasing,  leasing  or  improving  of  sites,  and  the  building, 
purchasing,  leasing,  enlarging,  altering  or  repairing  of  school 
houses  shall  not  exceed  in  any  year  twenty  mills  on  the  dollar 
of  the  assessed  valuation  of  the  taxable  property  of  the  district, 
and  the  board  of  education  is  authorized  and  directed,  when 
necessary,  to  borrow  in  anticipation,  the  amount  of  the  taxes  so 
to  be  raised,  levied  and  collected  as  aforesaid. 

§  221.  (842.)  AUTHORITY  TO  ISSUE  BONDS.]  The  board  of 
education  of  such  district  is  authorized  and  empowered  and  it  is 
its  duty,  whenever  the  board  deems  it  necessary  for  the  efficient 
organization  and  establishment  of  schools  in  such  district,  and 
when  the  taxes  authorized  by  this  article  shall  not  be  sufficient  or 
shall  be  deemed  by  the  board  to  be  burdensome  upon  the  tax- 
payers of  the  district,  from  time  to  time  to  issue  bonds  of  the 
district  in  the  denomination  of  not  less  than  one  hundred  dollars, 
payable  at  a  time  not  to  exceed  twenty-five  years  after  date  and 
bearing  interest  at  a  rate  not  to  exceed  seven  per  cent  per  annum, 
payable  semi-annually,  and  upon  their  face  to  show  that  they  are 
issued  for  school  purposes,  and  cause  the  same  to  be  sold  at  not 
less  than  par  value  and  the  money  realized  therefrom  deposited 


NORTH    DAKOTA.  85 


with  the  city  treasurer  to  the  credit  of  such  board  of  education; 
and  when  any  bonds  shall  be  so  negotiated  it  shall  be  the  duty  of 
the  board  to  provide  by  tax  for  the  payment  of  the  principal 
and  interest  of  such  bonds;  provided,  that  at  no  time  shall  the 
aggregate  amount  of  such  bonds  exceed  thirty  mills  on  the 
dollar  of  valuation  of  the  taxable  property  of  such  district  to  be 
determined  by  the  last  city  assessment. 

§  222.  (843.)  MONEYS  PAID  TO  CITY  TREASURER.]  All 
moneys  raised  pursuant  to  the  provisions  of  this  article  and  all 
moneys  which  shall  by  law  be  appropriated  to  or  provided  for 
such  district,  shall  be  paid  over  to  the  city  treasurer  of  the  city, 
and  the  county  treasurer  shall  from  time  to  time,  as  he  shall 
receive  the  county  school  funds,  and  at  least  once  in  each  month, 
on  the  first  Monday  thereof,  pay  over  to  such  city  treasurer  the 
proportion  thereof  belonging  to  such  district;  and  for  that  pur- 
pose the  board  shall  have  power  to  cause  all  needful  steps  to  be 
taken,  including  census  reports  or  other  acts  or  things,  to  enable 
such  board  to  receive  the  school  money  belonging  to  such 
district,  as  fully  and  completely  as  though .  such  district  formed 
one  of  the  school  districts  of  the  county  where  the  same  may  be 
situated. 

§  223.  (844.)  BOND  OF  TREASURER.]  The  city  treasurer  of 
such  city  shall  give  a  bond  to  such  board  of  education  in  such 
sum  as  the  board  shall  from  time  to  time  require,  with  two  or 
more  sureties  to  be  approved  by  the  board,  conditioned  for  the 
safe  keeping  of  the  school  funds,  which  shall  be  in  addition  to 
his  other  bond;  and  such  treasurer  and  the  sureties  upon  such 
bond  shall  be  accountable  to  the  board  for  the  moneys  that  come 
into  his  hands,  and  in  case  of  failure  of  such  treasurer  to  give 
such  bond  when  required  by  the  board,  or  within  ten  days  there- 
after, his  office  shall  become  vacant  and  the  city  council  shall 
appoint  another  person  in  his  place. 

§  224.  (845.)  SCHOOL  FUNDS,  HOW  KEPT  AND  PAID  OUT.]  All 
moneys  required  to  be  raised  by  virtue  of  this  article  shall  be 
paid  in  cash  or  in  the  warrants  hereinafter  provided,  drawn  on 
the  school  fund  only,  and  such  moneys  and  all  moneys  received 
by  such  district  for  the  use  of  the  common  schools  therein  shall 
be  deposited  for  safe-keeping  with  such  city  treasurer  to  the 
credit  of  the  board  of  education  and  shall  by  him  be  safely  kept 
separate  and  apart  from  any  other  funds  until  drawn  from  the 
treasury  as  herein  provided.  Such  treasurer  shall  pay  out  the 
moneys  authorized  by  this  article  only  upon  warrants  drawn  by 
the  president,  countersigned  by  the  secretary  and  attested  by  the 
seal  of  such  board  of  education. 

§  225.  (846.)  GENERAL  POWERS  OF  BOARD.]  The  board  shall 
have  power  and  it  shall  be  its  duty: 

I.  To  organize  and  establish  such  schools  in  the  district  as  it 
shall  deem  requisite  and  expedient,  and  to  change  and  discon- 
tinue the  same. 


86  GENERAL    SCHOOL    LAWS, 

2.  To  purchase,  sell,   exchange  and  hire  school  houses  and 
rooms,  lots  or  sites  for  school  houses  and  to   fence  and  improve 
the  same. 

3.  To  build,  enlarge,  alter,  improve  and  repair  school  houses, 
outhouses  and  appurtenances  as  it  may  deem  advisable  upon  lots 
and  sites  owned  by  the  district. 

4.  To  'purchase,   sell,  exchange,  improve  and  repair  school 
apparatus,  books  for  indigent  pupils,  furniture  and  appendages 
and  provide  fuel  for  schools. 

5.  To   have   the   custody    and  safe   keeping   of    the  school 
houses,  outhouses,  books,  furniture  and  appurtenances,  and  to  see 
that  the  ordinances  of   the  city  council  in   relation  thereto  are 
observed. 

6.  To  contract  with  and  employ  all  teachers  in  such  schools 
and  to  remove  them  at  pleasure. 

7.  To  pay  the  wages  of    such   teachers  out  of    the  money 
appropriated  and  provided  by  law  for  the  support  of  common 
schools  in  such  district,  so  far  as  the  same  shall  be  sufficient,  and 
the  residue  thereof  from   the  money  authorized  to  be  raised  by 
this  article. 

8.  To  defray  the  necessary  and  contingent  expenses  of  the 
board,  including  the  compensation  of  the  secretary. 

9.  To  have  in  all  respects  the  superintendence,  supervision 
and  management  of   the   common  schools  of  such  district,  and 
from  time  to  time  to  adopt,  alter,  modify  and  repeal,  as  they  may 
deem    expedient,    rules   and    regulations    for   their  organization, 
grading,  government  and  instruction,  for  the  reception  of  pupils 
and  their  transfer  from  one  school  to  another,  for  the  suspension 
and   expulsion  of   pupils  subject  to  the  same  restrictions  as  are 
contained  in  subdivision  11  of  section  797,  and  generally  for  their 
good  order,  prosperity  and  utility. 

10.  To  prepare  and  report  to  the  city  council  of  the  city  such 
ordinances  and  regulations  as  may  be  necessary  and  proper  for 
their  protection,  safe  keeping,  care  and  preservation  of  school 
houses,  lots,  and  sites  and  appurtenances  and  all  the  property 
belonging  to  the  district  connected  with  or  appertaining  to  the 
schools  within  the  city  limits,  and  to  suggest  proper  penalties  for 
the  violation  of  such  ordinances  and  regulations,  and  annually, 
on  or  before  the  first  Monday  in  July,  to  determine  and  certify  to 
the  county  auditor  the  rate  of  taxation  in  its  opinion  necessary 
and  proper  to  be  levied  under  the  provisions  of  this  article  for 
the  year  commencing  on  the  first  day  of  July  thereafter,  and  also 
at  any  time  to  determine  how  many  and  what  denomination  of 
bonds  shall  be  issued  and  sold  to  pay  the  extraordinary  outlays 
required. 

§  226.  (847.)  VISITING  SCHOOLS.]  Each  member  of  the 
board  shall  visit  all  the  public  schools  in  the  district  at  least  twice 
in  each  year  of  his  official  term,  and  the  board  shall  provide  that 


NORTH    DAKOTA.  «  87 


each  of  such  schools  shall  be  visited  by  a  committee  of  three  or 
more  of  their  number  at  least  once  during  such  term. 

§  227.  (848.)  NONRESIDENT  PUPILS.]  Such  board  of  educa- 
tion shall  have  power  to  allow  the  children  not  resident  in  such 
district  to  attend  the  schools  of  such  district  under  the  control 
and  care  of  such  board,  upon  such  terms  as  the  board  shall 
prescribe,  fixing  the  tuition  which  shall  be  paid  therefor. 

§  228.  (849.)  EXPENDITURES  NOT  TO  EXCEED  REVENUES.]  It 
shall  be  the  duty  of  the  board  in  all  its  expenditures  and  contracts 
to  have  reference  to  the  amount  of  money  which  shall  be  subject 
to  its  order  during  the  current  year  for  the  particular  expenditures 
in  question  and  not  to  exceed  that  amount. 

S  229.  (850.)  TITLE  TO  PROPERTY  OF  DISTRICT.]  The  title 
to  all  property  belonging  to  any  such  independent  school  district 
shall  be  vested  in  such  district  for  the  use  of  the  schools,  and  the 
same  while  used  and  appropriated  for  school  purposes  shall  not 
be  levied  upon  or  sold  by  virtue  of  any  warrant  or  execution  or 
other  process,  nor  be  subject  to  any  judgment  or  mechanic's  lien  or 
taxation  for  any  purpose  whatever;  and  the  district  in  its  corpor- 
ate capacity  may  take,  hold  and  dispose  of  any  real  and  personal 
property  transferred  to  it  by  gift,  grant,  bequest  or  devise  for  the 
use  of  common  schools  for  the  district,  whether  the  same  is 
transferred  in  terms  to  such  district  by  its  proper  name  or  to  any 
person  or  body  for  the  use  of  such  schools. 

§  230.  (851.)  REAL  PROPERTY.  TITLE,  HOW  CONVEYED.] 
Whenever  any  property  is  purchased  by  the  board  a  conveyance 
thereof  shall  be  taken  in  the  name  of  such  district;  and  when- 
ever any  sale  of  such  property  is  made  by  the  board  a  resolution 
in  favor  of  such  sale  shall  first  be  adopted  and  spread  upon  the 
records  of  the  board,  and  the  conveyance  of  such  property  shall 
be  executed  in  the  name  of  such  district  by  the  president  of  the 
board  attested  by  the  secretary  under  the  seal  thereof  and 
acknowledged  by  such  officers.  Such  president  and  secretary 
shall  have  authority  to  execute  conveyances  as  aforesaid,  with  or 
without  covenants  of  warranty  on  behalf  of  the  district. 

§  231.  (852.)  REPORT  OF  CITY  TREASURER.]  It  shall  be  the 
duty  of  the  city  treasurer  at  least  fifteen  days  before  the  annual 
election  for  members  of  such  board  and  as  often  as  called  upon 
by  the  board,  to  prepare  and  report  to  such  board  a  true  and 
correct  statement  of  the  receipts  and  disbursements  of  moneys 
under  and  pursuant  to  the  provisions  of  this  article,  during  the 
preceding  year,  which  statement  shall  set  forth  under  appropri- 
ate heads: 

1.  The  money  raised  by  the  board  under  section  839. 

2.  The  school  moneys  received  from  the  county  treasurer. 

3.  The  money  received  under  section  842. 

4.  All   money  received  by  the  city  treasurer,  subject  to   the 
order  of  the  board,  specifying  the  sources  from  which  it  accrued. 

5.  The   manner    in   which   all   money    has    been    expended, 


88  GENERAL    SCHOOL    LAWS, 

specifying  the  amount  under  each  head  of  expenditures  and  the 
board  shall  at  least  one  week  before  such  election,  cause  such 
statement  to  be  published  in  all  the  newspapers  of  the  city  which 
will  publish  the  same  gratuitously. 

§  232.  (853.)  CITY  COUNCIL  TO  PASS  CERTAIN  ORDINANCES.] 
The  city  council  shall  have  the  power  and  it  shall  be  its  duty  to 
pass  such  ordinances  and  regulations  as  the  board  of  education 
may  recommend  as  necessary  for  the  protection,  preservation, 
safe  keeping  and  care  of  the  school  houses,  lots,  sites,  appurten- 
ances, libraries  and  all  necessary  property  belonging  to  or 
connected  with  the  schools  of  the  city,  and  to  -provide  proper 
penalties  for  the  violation  thereof;  and  all  penalties  shall  be 
collected  in  the  same  manner  that  the  penalties  for  the  violation 
of  city  ordinances  are  collected,  and  when  collected  shall  be  paid 
to  the  city  treasurer  and  placed  to  the  credit  of  the  board  of 
education,  and  shall  be  subject  to  its  order  as  herein  provided. 

§  233-  (854.)  FORFEIT  FOR  REFUSAL  TO  SERVE  AS  MEMBER  OF 
BOARD.]  It  shall  be  the  duty  of  the  clerk  of  such  board  imme- 
diately after  the  election  of  any  person  as  a  member  thereof, 
personally  or  in  writing  to  notify  him  of  his  election,  and  if  any 
person  shall  not  within  ten  days  after  receiving  such  notice  of 
election,  take  and  subscribe  the  oath  as  herein  provided  and  file 
the  same  with  the  city  auditor,  the  board  may  consider  it  as  a 
refusal  to  serve,  and  fill  the  vacancy  thus  occasioned,  and  the 
person  so  refusing  shall  forfeit  and  pay  to  the  city  treasurer  for 
the  benefit  of  the  schools  of  such  district  a  penalty  of  fifty 
dollars,  which  may  be  recovered  in  the  name  of  such  city  by 
a  civil  action. 

§    234.       (855.)       NEW     DISTRICT     TO     ASSUME      DEBTS      OF      OLD.] 

School  districts  created  under  the  provisions  of  this  article  shall 
assume  all  obligations  and  liabilities  incurred  by  the  districts  out 
of  which  they  are  formed,  if  old  districts  are  not  divided,  and  a 
proportionate  part,  if  divided. 


ARTICLE   XIX. 

BOARDS  OF  EDUCATION  IN  CERTAIN  CITIES. 

Section.  Section. 

235.  Boards  to  be  Elected  at  Large.  240.     Old  School  Officers  Hold  Over. 

236.  Term  of  Office.  241.     Debts   and   Assets    Determined    by    Arbi- 

237.  Elections,  How  Conducted.  tration. 

238.  Relatives  Not  Eligible  as  Teachers. 

239.  Independent   School  Organizations    Under 

Special  Laws  Abolished. 

§  235-  (856.)  BOARDS  TO  BE  ELECTED  AT  LARGE.]  In  each 
city  not  organized  under  the  general  law  there  shall  be  a  board  of 
education  consisting  of  seven  members  having  the  qualifications 
of  electors  who  shall  be  elected  at  large  by  the  electors  of  such  city 
qualified  to  vote  at  school  elections;  and,  except  as  may  be  other- 
wise provided  herein  for  the  first  election,  two  members  of  such 


NORTH    DAKOTA.  89 


board  shall  be  elected  annually  and  three  triennally  at  a  special 
election  to  be  held  on  the  first  Tuesday  after  the  first  Monday  in 
June;  provided,  that  the  provisions  of  this  article  shall  not  apply 
to  cities  existing  under  a  special  act  and  which  are  now  conduct- 
ing their  schools  under  the  general  school  laws. 

§  236.  (857.).  TERM  OF  OFFICE.]  The  term  of  office  of  a 
member  of  the  board  of  education,  except  as  in  this  article 
otherwise  provided,  shall  be  three  years  and  until  his  successor  is 
elected  and  qualified. 

§  237.  (858.)  ELECTIONS,  HOW  CONDUCTED.]  All  elections 
under  the  provisions  of  this  article  shall  be  called,  conducted  and 
the  votes  canvassed  and  returned  in  the  manner  provided  by  law 
for  general  city  elections. 

§  238.  (859.)  RELATIVES  NOT  ELIGIBLE  AS  TEACHERS.]  No 
son,  wife  or  daughter  of  any  member  of  the  school  board  shall 
be  eligible  to  a  position  as  teacher  in  schools  of  the  district 
which  such  member  represents,  except  upon  the  consent  of  all 
the  members  of  such  board. 

§  239.  (860.)  INDEPENDENT  SCHOOL  ORGANIZATIONS  UNDER 
SPECIAL  LAWS  ABOLISHED.]  Any  independent  district  organized 
for  school  purposes  under  a  special  law,  which  does  not  include 
or  is  not  included  in  any  city  or  incorporated  town  or  village 
organized  for  municipal  purposes,  shall  become  a  part  of  the 
school  district  in  which'it  is -located  by  the  repeal  of  the  special 
law  organizing  or  governing  such  independent  district.  Any 
independent  district  organized  for  school  purposes  under  a  special 
law  or  under  any  other  law  than  is  contained  in  this  chapter, 
which  includes  or  is  included  in  any  city  or  incorporated  town  or 
village  organized  for  municipal  purposes,  shall  become  a  special 
district  by  the  repeal  of  the  special  law  organizing  or  governing 
such  independent  school  district.  Any  school  district  or  special 
district  so  constituted  or  constituted  in  part  shall  be  governed  by 
the  provisions  of  this  chapter;  provided,  that  nothing  herein  shall 
prevent  any  such  independent  district  from  coming  under  the 
operation  of  this  chapter  in  the  manner  therein  provided. 

§  240.  (861.)  OLD  SCHOOL  OFFICERS  HOLD  OVER.]  The 
board  of  education  or  other  governing  board  of  such  independent 
district  shall  continue  to  exercise  the  powers  and  duties  devolving 
upon  it  under  the  provisions  of  such  special  or  other  law  govern- 
ing such  independent  district,  the  same  as  though  such  law  had 
not  been  repealed,  until  the  second  Tuesday  in  July  following  the 
repeal  of  such  special  or  other  law;  provided,  that  all  that  portion 
of  the  general  school  laws  which  provides  for  an  annual  school 
election  shall  apply  to  such  independent  district  and  shall  be  in 
full  force  and  effect  for  the  purpose  of  electing  school  officers  at 
such  annual  school  election;  and  such  officers  shall  be  elected  in 
and  for  the  whole  school  district,  including  the  independent 
district  or  portion  of  such  independent  district  located  therein,  or 

s.  L.— 7. 


90  GENERAL    SCHOOL    LAWS, 

in  and  for  the  special  district,  the  same  as  though  no  law  had  ever 
existed  providing  for  the  organization  of  such  independent  dis- 
trict; provided,  further,  that  in  a  special  district  formed  and 
created  as  herein  provided,  a  full  board  of  education  shall  be 
elected  as  provided  by  law  for  first  elections,  but  in  school 
districts  formed  and  created  as  herein  provided  by  the  addition  of 
such  independent  district  or  portion  thereof,  there  shall  be 
elected  only  such  officers  as  are  required  to  fill  the  Regular 
vacancies  in  the  school  offices  of  such  school  district  heretofore 
organized. 

§  241.  (862.)  DEBTS  AND  ASSETS  DETERMINED  BY  ARBITRA- 
TION.] When  the  boundaries  of'  such  school  district  shall  have 
been  arranged  as  contemplated  in  this  article,  the  determination 
and  division  or  consolidation  of  all  debts,  property  and  assets  of 
the  several  portions  of  such  district  or  districts  so  consolidated 
shall  be  made  by  arbitration  as  provided  by  law. 


ARTICLE  XX. 

FREE  TEXT  BOOKS. 

Section.  Section. 

242.     Power  of  School  Boards.  243.     Proposition  Submitted  to  Electors. 

§  242.  (863.)  POWER  OF  SCHOOL  BOARDS.]  The  school  board 
of  any  city,  town  or  district  in  this  State  is  hereby  authorized  and 
empowered  to  select,  adopt  or  contract  for  the  text  books  and 
other  supplies  needful  for  the  use  of  th*e  school  or  schools  under 
its  charge;  and  such  board  shall  have  power  to  purchase  the  text 
books  selected  or  contracted  for,  and  provide  for  the  loan  free  of 
charge,  or  sale  at  cost,  of  such  text  books  to  the  pupils  in  attend- 
ance at  such  school  or  schools  as  provided  for  in  the  next 
section. 

§  243.  (864.)  PROPOSITION  SUBMITTED  TO  ELECTORS.]  Upon 
the  petition  of  a  majority  of  the  qualified  electors  the  school 
board  of  any  city,  town  or  district  shall  submit  at  the  next  annual 
school  election  to  the  legal  voters  thereof  the  question  of  provid- 
ing free  text  books  and  other  school  supplies  for  the  use  of  the 
pupils  attending  the  schools  under  its  charge.  In  case  a  majority 
of  the  legal  voters  present  and  voting  shall  vote  in  favor  of  free 
text  books  and  other  school  supplies,  the  school  bpard  of  such 
city,  town  or  district  so  voting  shall  purchase,  at  the  expense  of 
such  city,  town  or  district,  text  books  and  other  school  supplies 
used  in  the  public  or  common  schools,  and  said  text  books  and 
supplies  shall  be  loaned  to  the  pupils  of  said  public  schools  free 
of  charge,  subject  to  such  rules  and  regulations  as  to  care  and 
custody  as  the  school  board  may  prescribe. 


NORTH    DAKOTA.  9 1 


ARTICLE   XXI. 

PURCHASE  OF  FLAGS  FOR  SCHOOL  DISTRICTS. 

Section. 

244.  United  States  Flag  to  be  Displayed. 

§  244.  (865.)  UNITED  STATES  FLAG  TO  BE  DISPLAYED.]  The 
school  board  of  each  city,  town  and  district  is  authorized  and 
required  to  purchase  at  the  expense  of  the  city,  town  or  district 
one  or  more  flags  of  the  United  States,  which  shall  be  displayed 
upon  the  school  houses  or  flagstaffs  upon  the  school  grounds 
during  the  school  hours  of  each  day's  session  of  school. 

ARTICLE  XXII. 

STATE  EDUCATIONAL  LIBRARY. 

Section. 

245.  Appropriation  for. 

§  245.  (866.)  APPROPRIATION  FOR.]  There  is  hereby  appro- 
priated out  of  any  funds  in  the  state  treasury  the  sum  of  three 
hundred  dollars  annually,  to  be  paid  by  warrant  of  the  state 
auditor  on  the  state  treasurer  upon  the  presentation  of  an  item- 
ized bill  in  due  form  by  the  Superintendent  of  Public  Instruction, 
for  the  purchase  of  reference  or  pedagogical  books  for  the  State 
Educational  Library  in  the  office  of  such  superintendent. 


ARTICLE  XXIII. 

HIGH  SCHOOL  BOARD. 

Section.  Section. 

246.  High  School  Board.  250.     No  Compensation. 

247.  Students  Classified.  251.     Discretionary  Powers. 

248.  Requirements  for  Classification.  252.     Shall  Keep  Record. 
24Q.     School  Visited  Once  Each  Year. 

§246.  (867.)  HIGH  SCHOOL  BOARD.]  The  Governor,  Superin- 
tendent of  Public  Instruction  and  President  of  the  State  University 
are  hereby  constituted  a  board  of  commissioners  on  preparatory 
schools  for  the  encouragement  of  higher  education  in  the  State. 
Said  board  shall  be  called  the  "  High  School  Board"  and  shall 
perform  the  duties  and  have  and  exercise  the  powers  hereinafter 
mentioned. 

\§  247.  (868.)  STUDENTS  CLASSIFIED.]  Any  public  graded 
school  in  any  city  or  incorporated  village  or  township  organized 
into  a  district  under  the  township  or  district  system,  which  shall 
give  instruction  according  to  the  terms  and  provisions  of  this 
article,  and  admit  students  of  either  sex  from  any  part  of  the 
State,  shall  be  entitled  to  be  classified  as  a  State  High  School; 
provided,  however,  that  no  such  school  shall  be  required  to  admit 


92  GENERAL   SCHOOL   LAWS, 

non-resident  pupils  unless  they  shall  pass  an  examination  in 
orthography,  reading,  penmanship,  arithmetic,  grammar,  modern 
geography  and  United  States  history. 

§  248.  (869.)  REQUIREMENTS  FOR  CLASSIFICATION.]  The  board 
shall  require  of  the  schools  desiring  to  be  classified  as  State  High 
Schools,  compliance  with  the  following  requirements: 

1.  That   there    be   regular    and    orderly    courses    of     study, 
embracing  all  the  branches  prescribed  by  said  board,  for  the  first 
two  years  of  the  high  school  course. 

2.  That  the  schools  classified  as  State  High  Schools  under  this 
article  shall  at  all  times  permit  the  board  of  commissioners,  or 
any  member  thereof,  to  visit  and  examine  the  classes  pursuing 
such  preparatory  courses. 

§  249.  (870.)  SCHOOL  VISITED  ONCE  EACH  YEAR.]  The  board 
of  commissioners  shall  cause  each  school  classified  as  a  State 
High  School  under  this  article  to  be  visited,  at  least  once  in  each 
school  year,  by  a  committee  of  one  or  more  members,  who  shall 
carefully  inspect  the  instruction  and  discipline  of  such  high 
schools  and  make  a  written  report  on  the  same  immediately; 
provided,  that  the  board  may,  in  its  discretion,  appoint  in  any  case, 
competent  persons  to  visit  and  inspect  any  schools  and  to  make 
report  thereon;  and  no  school  shall  be  classified  as  a  State  High 
School  in  any  case  until  after  such  report  shall  have  been  received 
and  examined  by  the  board  and  the  work  of  the  school  approved 
by  a  vote  of  the  board. 

§  250.  (871.)  No  COMPENSATION.]  The  members  of  said 
board  shall  serve  without  compensation. 

§  251.  (872.)  DISCRETIONARY  POWERS.]  The  high  school 
board  shall  have  full  discretionary  power  to  consider  and  act 
upon  applications  of  schools  for  classification- and  to  prescribe 
the  conditions  upon  which  such  classification  shall  be  made;  and 
it  shall  be  its  duty  to  accept  such  schools  only  as  will,  in  its 
opinion,  if  accepted,  efficiently  perform  the  service  contemplated 
by  law.  Any  school  once  accepted  and  continuing  to  comply 
with  this  article  and  with  the  regulations  of  the  board  made  in 
pursuance  thereof,  shall  be  so  classified  not  less  than  three  years. 
The  board  shall  have  power  to  establish  any  necessary  and  suit- 
able rules  and  regulations  relating  to  examinations,  reports, 
acceptance  of  schools,  courses  of  studies,  and  other  proceedings 
under  this  article. 

§  252.  (873.)  SHALL  KEEP  RECORD.]  The  board  shall  keep 
a  careful  record  of  all  its  proceedings  and  shall  make  on  or 
before  the  first  day  of  December  in  each  year,  a  report,  covering 
the  previous  school  year,  to  the  Superintendent  of  Public  Instruc- 
tion, showing  the  names  and  number  of  schools  classified  as 
State  High  Schools  and  the  number  of  pupils  attending  the 
classes  in  each  to  which  report  it  may  add  such  recommendations 
as  it  may  deem  useful  and  proper. 


NORTH    DAKOTA.  93 


ARTICLE  XXIV. 

HEALTH  AND  DECENCY  IN  PUBLIC  SCHOOLS. 

Section. 

253.     Duty  of  Boards  of  Education. 

§  253.  (874.)  DUTY  OF  BOARDS  OF  EDUCATION.]  It  shall  be 
the  duty  of  all  boards  of  education  and  district  school  boards  in 
this  state  to  provide  suitable  and  convenient  water  closets  or 
privies  for  each  of  the  schools  under  their  charge,  at  least  two  in 
number,  which  shall  be  entirely  separate  each  from  the  other, 
and  having  separate  means  of  access;  and  it  shall  be  the  duty  of 
the  school  officers  aforesaid  to  keep  the  same  in  a  clean,  chaste 
and  wholesome  condition;  and  a  failure  to  comply  with  the 
provisions  of  this  article  on  the  part  of  any  board  of  education 
or  district  school  board,  shall  be  sufficient  grounds  for  removal 
from  office  and  for  withholding  from  any  district  any  part  of  the 
public  moneys  of  the  state.  The  expense  incurred  by  the  officers 
aforesaid  in  carrying  out  the  requirements  of  this  article  shall  be 
a  charge  upon  the  district,  when  such  expense  shall  have  been 
approved  by  the  county  superintendent  of  schools  of  the  county 
within  which  the  school  district  is  located,  and  a  tax  may  be 
levied  therefor  without  a  vote  of  the  district. 


94  GENERAL   SCHOOL   LAWS, 


PART  II.-EDUCATIONAL  INSTITUTIONS. 

ARTICLE  XXV. 

UNIVERSITY  OF  NORTH  DAKOTA. 

Section.  Section. 

254.  University,  Where  Located.  268.     Graduates  Entitled  to  Certificates  to  Teach. 

255.  Board  of  Trustees  to  Govern.     '  269.     Tuition  Fees. 

256.  Governor   to    Nominate— Vacancies,  How        270.     Compensation  of  Trustees. 

Filled.  271.  Trustees  to  Make  Rules  and  By-Laws. 

257.  Powers  and  Duties  of  Board.  272.  Salaries. 

258.  Meetings  of  the  Board.  273.  Secretary  of  State  to  Furnish  Laws. 

259.  N  umber  ot  Meetings  Limited.  274.  Supreme  Court  Reports,  How  Obtained. 
200.     Government    of    University  —  Powers  of        275.  Loan  of  Muskets  Authorized. 

Trustees.  276.  Muskets,  When  Returned. 

261.  Board  May  Expend  Income.  277.  Geological  Survey — Duty  of  Trustees. 

262.  Board  to  Make  Report,   When.  278.  Extent  of  the  Survey. 

263.  Powers  of  the  President  and  Faculty.  279.  Meteorological  Statistics  Tabulated. 

264.  Object  and  Departments  of  the  University.         280.  Specimens  Collected. 

265.  Courses  of  Instruction.  281.  Map  of  the  State. 

266.  Scandinavian  Language  Taught.  282.  Annual  Report  of  Trustees. 

267.  Pupils,  Who  May  Become.  283.  State  Geologist. 

§  254.  (875.)  UNIVERSITY,  WHERE  LOCATED.]  The  University 
of  North  Dakota  as  now  established  and  located  at  the  city  of 
Grand  Forks  shall  continue  to  be  the  university  of  the  State. 

§  255.  (876.)  BOARD  OF  TRUSTEES  TO  GOVERN.]  The  gov- 
ernment of  such  university  shall  be  vested  in  a  board  of  trustees 
consisting  of  five  members  to  be  appointed  by  the  Governor  by 
and  with  the  advice  and  consent  of  the  senate,  who  shall  hold 
their  office  for  the  term  of  four  years  commencing  on  the  first 
Tuesday  in  April  next  succeeding  their  appointment. 

§  256.  (877.)  GOVERNOR  TO  NOMINATE.  VACANCIES,  HOW 
FILLED.]  The  Governor  shall  nominate  and,  by  and  with  the 
advice  and  consent  of  the  senate,  appoint  during  each  regular 
session  of  the  legislative  assembly  trustees  of  such  university  in 
the  place  of  those  whose  terms  shall  thereafter  first  expire,  and 
such  trustees  shall  hold  their  office  until  their  successors  are 
appointed  and  qualified;  provided,  that  the  Governor  shall  fill  any 
vacancy  in  such  board  by  appointment  to  extend  only  until  the 
first  Tuesday  in  April  succeeding  the  next  regular  session 
of  the  legislative  assembly;  and  provided,  further,  that  the  Gover- 
nor shall  during  such  next  regular  session  nominate  and,  by  and 
with  the  advice  and  consent  of  the  senate,  appoint  some  person 
to  fill  such  vacancy  for  the  remainder  of  the  term  unexpired. 
Not  more  than  two  members  of  the  board  shall  be  appointed 
from  the  same  county. 

§  257-  (878.)  POWERS  AND  DUTIES  OF  BOARD.]  The  board 
of  trustees  shall  possess  all  the  powers  necessary  to  accomplish 


NORTH    DAKOTA.  95 


the  objects  and  perform  the  duties  prescribed  by  law,  and  shall 
have  the  custody  of  the  books,  records,  buildings  and  all  other 
property  of  such  university.  The  board  shall  elect  a  president 
and  a  secretary  who  shall  perform  such  duties  as  may  be  pre- 
scribed by  the  by-laws  of  the  board.  The  secretary  shall  keep  a 
correct  record  of  all  transactions  of  the  board,  and  of  the  com- 
mittees thereof,  and  in  addition  to  performing  the  duties  of 
secretary,  he  shall  be  the  superintendent  of  the  buildings  and 
grounds  of  the  university  and  discharge  such  other  duties  as  may 
from  time  to  time  be  prescribed  by  the  board  of  trustees. 

§  258.  (879.)  MEETINGS  OF  THE  BOARD.]  The  time  for  the 
election  of  the  president  and  secretary  of  such  board  and  the 
duration  of  their  respective  terms  of  office,  the  time  for  holding 
the  regular  annual  meeting,  and  such  other  meetings  as  may  be 
required,  and  the  manner  of  giving  notice  of  the  same  shall  be 
determined  by  the  board.  Four  members  shall  constitute  a  quorum 
for  the  transaction  of  business,  but  a  less  number  may  adjourn 
from  time  to  time. 

§  259.  (880.)  NUMBER  OF  MEETINGS  LIMITED.]  Such  board 
shall  not  hold  more  than  twelve  sessions  in  any  year  and  such 
sessions  shall  not  exceed  twenty-four  days  in  the  aggregate;  but 
the  Governor  may  in  his  discretion  authorize  additional  sessions. 

§  260.  (881.)  GOVERNMENT  OF  UNIVERSITY.  POWERS  OF 
TRUSTEES.]  The  board  of  trustees  shall  adopt  rules  for  the  gov- 
ernment of  the  university  in  all  its  branches;  elect  a  president  and 
the  requisite  number  of  professors,  instructors,  officers  and 
employees,  fix  the  salaries  and  the  term  of  office  of  each,  and 
determine  the  moral  and  educational  qualifications  of  applicants 
for  admission  to  the  various  courses  of  instruction;  but  no  instruc- 
tion, either  sectarian  in  religion  or  partisan  in  politics  shall  ever 
be  allowed  in  any  department  of  the  university,  and  no  sectarian 
or  partisan  test  shall  ever  be  allowed  or  exercised  in  the  appoint- 
ment of  trustees,  or  in  the  election  of  professors,  teachers  or  other 
officers  of  the  university,  or  in  the  admission  of  students  thereto 
or  for  any  purpose  whatever.  Such  board  shall  have  power  to 
remove  the  president  or  any  professor,  instructor  or  officer  of  the 
university,  when  in  its  judgment  the  interests  of  the  university 
require  it.  The  board  may  prescribe  rules  and  regulations  for 
the  management  of  the  library,  cabinets,  museum,  laboratories 
and  all  other  property  of  the  university  and  of  its  several 
departments  and  for  the  care  and  preservation  thereof,  with  suit- 
able penalties  and  forfeitures  by  way  of  damages  for  their 
violation,  which  may  be  sued  for  and  collected  in  the  name  of 
the  board  before  any  court  having  jurisdiction. 

§  261.  (882.)  BOARD  MAY  EXPEND  INCOME.]  The  board  is 
authorized  to  expend  such  portion  of  the  income  of  the  university 
fund  as  it  may  deem  expedient  for  the  erection  of  suitable  build- 
ings and  the  purchase  of  apparatus,  a  library,  cabinets  and  addi- 
tions thereto;  and,  if  deemed  expedient,  it  may  unite  with  the 


g6  GENERAL   SCHOOL    LAWS, 

university  as  a  branch  thereof  any  college  in  the  State,  upon 
application  of  its  board  of  trustees;  and  such  college  so  received 
shall  become  a  branch  of  the  university  and  be  subject  to  visita- 
tion by  the  trustees. 

§262.  (883.)  BOARD  TO  MAKE  REPORT,  WHEN.]  At  the  close 
of  each  fiscal  year  the  trustees  through  their  president  shall  make 
a  report  in  detail  to  the  governor,  exhibiting  the  progress,  condi- 
tion and  wants  of  each  of  the  colleges  embraced  in  the  university, 
the  course  of  study  in  each,  the  number  of  professors  and 
students,  the  amount  of  receipts  and  disbursements,  together  with 
the  nature,  cost  and  results  of  all  important  investigations  and 
experiments  and  such  other  information  as  they  may  deem 
important,  one  copy  of  which  shall  be  transmitted  free  by  the 
governor  to  each  college  endowed  under  the  provisions  of  the 
act  of  congress  entitled  "An  act  donating  land  to  the  several 
states  and  territories  which  provide  colleges  for  the  benefit  of 
agriculture  and  mechanic  arts,"  approved  July  2,  1862,  and  also 
one  copy  to  the  secretary  of  the  interior. 

§  263.  (884.)  POWERS  OF  THE  PRESIDENT  AND  FACULTY.] 
The  president  of  the  university  shall  be  president  of  the  several 
faculties  and  the  executive  head  of  the  instructional  force  in  all 
its  departments;  as  such,  he  shall  have  authority,  subject  to  the 
power  ot  the  board  of  trustees  to  give  general  directions  respect- 
ing the  instruction  and  scientific  investigation  of  the  several 
colleges,  and  so  long  as  the  interests  of  the  institution  require  it 
he  shall  be  charged  with  the  duties  of  one  of  the  professorships. 
The  immediate  government  of  the  several  colleges  shall  be 
intrusted  to  their  respective  faculties,  but  the  trustees  shall  have 
the  power  to  regulate  the  course  of  instruction  and  prescribe  the 
books  or  works  to  be  used  in  the  several  courses,  and  also  to  con- 
fer such  degrees  and  grant  such  diplomas  as  are  usual  in  univer- 
sities, or  as  they  shall  deem  appropriate,  and  to  confer  upon  the 
faculty,  by  by-laws,  the  power  to  suspend  or  expel  students  for 
misconduct  or  other  causes  prescribed  in  such  by-laws. 

§  264.  (885.)  OBJECT  AND  DEPARTMENTS  OF  THE  UNIVERSITY.] 
The  objects  of  the  university  shall  be  to  provide  the  means  of 
acquiring  a  thorough  knowledge  of  the  various  branches  of  learn- 
ing connected  with  scientific,  industrial  and  professional  pursuits, 
in  the  instruction  and  training  of  persons  in  the  theory  and  art  of 
teaching,  and  also  instruction  in  the  fundamental  laws  of  this 
State  and  of  the  United  States  in  regard  to  the  rights  and  duties 
of  citizens,  and  to  this  end  it  shall  consist  of  the  following 
branches  or  departments: 

1.  The  college  or  department  of  arts. 

2.  The  college  or  department  of  letters. 

3.  The  normal  college  or  department. 

4.  The  school  of  mines,  the  object  of  which  shall  be  to  furnish 
facilities    for   the  education  of  such  persons   as   may   desire   to 


NORTH    DAKOTA.  97 


receive  instruction  in  chemistry,  metallurgy,  mineralogy,  geology, 
mining,  milling  and  engineering. 

5.  The  military  department  or  school,  the   object  of   which 
shall  be  to  instruct  and  train  students  in  the  manual  of  arms  and 
such    military   maneuvers  and  tactics   as   are  taught  in   military 
colleges. 

6.  Such  professional  or  other  colleges  or  departments  as  now 
are  or  may  from   time  to  time  be  added  thereto  or  connected 
therewith,   and  the  board  of    trustees   is    hereby   authorized   to 
establish  such  professional  and  other  colleges  or  departments  as 
in   its  judgment  may  be   deemed  necessary  and  proper;  but  no 
money  shall  be  expended/by  the  board  in  establishing  and  organ- 
izing any  of  the  additional  colleges  or  departments  provided  for 
in  this  section,  until  an  appropriation  therefor  shall  have  first 
been  made. 

§  265.  (886.)  COURSES  OF  INSTRUCTION.]  The  college  or 
department  of  arts  shall  embrace  courses  of  instruction  in  mathe- 
matical, physical  and  natural  sciences,  with  their  application  to 
industrial  arts  such  as  agricultural,  mechanics,  engineering,  mining, 
and  metallurgy,  manufactures,  architecture  and  commerce  and 
such  branches  included  in  the  college  of  letters  as  shall  be 
necessary  properly  to  fit  the  pupils  in  the  scientific  and  practical 
courses  for  their  chosen  pursuits,  and  in  military  tactics;  in  the 
normal  department,  the  proper  instruction  and  learning  in  the 
theory  and  art  of  teaching  and  in  all  the  various  branches  and 
subjects  needful  to  qualify  for  teaching  in  the  common  schools; 
and  as  soon  as  the  income  of  the  university  will  allow,  in  such 
order  as  the  wants  of  the  public  shall  seem  to  require,  the  courses 
of  sciences  and  their  application  to  the  practical  arts  shall  be 
expanded  into  distinct  colleges  of  the  university,  each  with  its 
own  faculty  and  appropriate  title.  The  college  of  letters  shall  be 
co-existent  with  the  college  of  arts,  and  shall  embrace  a  liberal 
course  of  instruction  in  languages,  literature  and  philosophy, 
together  with  such  courses  or  parts  of  courses  in  the  college  of 
arts  as  the  trustees  shall  prescribe. 

§  266.  (887.)  SCANDINAVIAN  LANGUAGE  TAUGHT.]  It  shall  be 
the  duty  of  the  trustees  to  cause  to  be  taught  at  said  institution 
the  Scandinavian  language,  and  for  that  purpose  shall  employ  as 
one  of  the  teachers  of  such  institution  a  professor  learned  in  that 
language. 

§  267.  (888.)  PUPILS,  WHO  MAY  BECOME.]  The  university 
shall  be  open  to  students  of  both  sexes  under  such  regulations 
and  restrictions  as  the  board  of  trustees  may  deem  proper,  and 
all  able  bodied  male  students  of  the  university  may  receive 
instruction  and  discipline  in  military  tactics,  the  requisite  arms 
for  which  shall  be  furnished  by  the  State. 

§  268.  (889.)  GRADUATES  ENTITLED  TO  CERTIFICATES  TO 
TEACH.]  After  any  person  has  graduated  at  the  university,  and 
after  such  graduation  has  successfully  taught  a  public  school  in 


98  GENERAL   SCHOOL    LAWS, 

this  State  for  sixteen  months,  the  Superintendent  of  Public 
Instruction  shall  have  authority  and  it  shall  be  his  duty  to  coun- 
tersign the  diploma  of  such  teacher  if  upon  examination  he  is 
satisfied  that  such  person  has  a  good  moral  character  and  is  pos- 
sessed of  sufficient  learning  and  ability  to  teach.  Any  person 
holding  a  diploma  granted  by  the  board  of  trustees  of  such 
university,  certifying  that  the  person  holding  the  same  has  gradu- 
ated from  such  university,  shall,  after  his  diploma  has  been 
countersigned  by  the  Superintendent  of  Public  Instruction  as 
aforesaid,  be  deemed  qualified  to  teach  any  of  the  public  schools 
in  the  State,  and  such  diploma  shall  be  a  certificate  of  such 
qualification  until  annulled  by  the  Superintendent  of  Public 
Instruction. 

§  269.  (890.)  TUITION  FEES.]  No  student  who  shall  have 
been  a  resident  of  the  State  for  one  year  next  preceding  his 
admission  shall  be  required  to  pay  any  fees  for  tuition  in  the 
university,  except  in  the  law  department  and  for  extra  studies. 
The  trustees  may  prescribe  rates  of  tuition  for  any  pupil  in  the 
law  department,  or  who  is  not  a  resident  as  aforesaid,  and  for 
teaching  extra  studies. 

§  270.  (891.)  COMPENSATION  OF  TRUSTEES.]  The  trustees 
shall  be  entitled  to  receive  the  sum  of  three  dollars  per  day  for 
each  day  employed  in  attendance  upon  sessions  of  the  board  and 
all  traveling  expenses  necessarily  incurred  thereby.  Upon  the 
presentation  of  the  proper  vouchers  containing  an  itemized  state- 
ment of  the  number  of  days  attendance  and  money  actually 
expended  as  above  specified,  duly  verified  by  the  oath  of  the 
trustee  and  certified  by  the  president  and  secretary  of  the  board, 
the  State  Auditor  shall  audit  such  claim  and  draw  his  warrant 
upon  the  State  Treasurer  for  the  amount  allowed. 

§  271.  (892.)  TRUSTEES  TO  MAKE  RULES  AND  BY-LAWS.]  The 
board  of  trustees  shall  make  rules,  regulations  and  by-laws  for 
the  government  and  management  of  the  university  and  of  each 
department  thereof.  It  shall  also  prescribe  rules,  regulations  and 
by-laws  for  the  admission  of  students;  but  each  applicant  for 
admission  must  undergo  an  examination  to  be  prescribed  by  the 
board,  and  shall  be  rejected  if  it  shall  appear  that  he  is  not  of 
good  moral  character.  The  board  shall  also  require  each  appli- 
cant for  admission  in  the  normal  department,  other  than  such  as 
shall,  prior  to  admission,  sign  and  file  with  such  board  a  declara- 
tion of  intention  to  follow  the  business  of  teaching  in  the 
common  schools  of  this  State  for  at  least  one  year,  to  pay  such 
fees  for  tuition  as  the  board  may  deem  proper  and  reasonable. 

§  272.  (893.)  SALARIES.]  The  board  of  trustees  shall  from 
time  to  time  fix  the  salary  of  the  president,  professors  and 
teachers  of  such  university,  and  shall  certify  the  same  to  the  State 
Auditor.  Such  board  shall  also  from  time  to  time  certify  to  the 
State  Auditor  the  amount  due  such  persons  for  salary,  and  the 


NORTH    DAKOTA.  99 


State  Auditor  shall  draw  his  warrants  upon  the  State  Treasurer 
for  the  amounts  so  certified. 

§  273-  (894-)  SECRETARY  OF  STATE  TO  FURNISH  LAWS.]  The 
Secretary  of  State  shall  deliver  to  the  university  fifty  copies  of 
each  volume  of  the  general  and  special  laws  of  the  State,  and  the 
reports  of  the  decisions  of  the  supreme  court,  hereafter  published, 
for  use  in  the  way  of  exchanges  and  otherwise  in  the  establish- 
ment and  maintenance  of  a  law  library  for  the  law  department  of 
such  university. 

§  274.  (895.)  SUPREME  COURT  REPORTS,  HOW  OBTAINED.]  He 
shall  procure  for  the  purpose  aforesaid  from  the  publishers  of  the 
supreme  court  reports  fifty  copies  of  each  volume  thereof  here- 
after published,  in  addition  to  the  number  authorized  for  other 
purposes,  to  be  paid  for  at  the  same  price  and  in  the  same  manner 
as  such  reports  are  delivered  to  the  secretary  for  other  purposes. 

§  275.  (896.)  LOAN  OF  MUSKETS  AUTHORIZED.]  The  Adjutant 
General  or  whoever  may  be  in  charge  of  State  arms  shall,  under 
the  direction  of  the  Governor,  loan  to  the  board  of  trustees  of 
such  university  one  hundred  muskets  and  accoutrements  or  as 
many  as  can  be  spared,  not  exceeding  that  number,  the  same  to 
be  used  for  drill  purposes  by  the  students  of  such  university. 

§  276.  (897.)  MUSKETS,  WHEN  RETURNED.]  In  case  such  arms 
and  accoutrements  are  needed  by  the  State  at  any  time,  the 
Governor  or  Adjutant  General  under  his  instructions  may  call  in 
the  same  and  the  trustees  of  such  university  shall  immediately 
turn  the  same  over  to  such  officer  in  good  condition. 

§  277.  (898.)  GEOLOGICAL  SURVEY.  DUTY  OF  TRUSTEES.]  It 
shall  be  the  duty  of  the  board  of  trustees  of  the  university  to 
cause  to  be  begun  as  soon  as  may  be  practicable,  and  to  carry  on 
a  thorough  geological  and  natural  history  survey  of  the  State. 

§  278.  (899.)  EXTENT  OF  THE  SURVEY.]  The  geological  sur- 
vey shall  be  carried  on  with  a  view  to  a  complete  account  of  the 
mineral  kingdom,  as  represented  in  the  state,  including  the  num- 
ber, order,  dip  and  magnitude  of  the  several  geological  strata, 
their  richness  in  ores,  coals,  clays,  peats,  salines  and  mineral 
waters,  marls,  cements,  building  stones  and  other  useful  materials, 
the  value  of  said  substances  for  economical  purposes,  and  their 
accessibility;  also  an  accurate  chemical  analysis  of  the  various 
rocks,  soils,  ores,  clays,  peats,  marls  and  other  mineral  substances 
of  which  a  complete  and  exact  record  shall  be  made. 

§  279.  (900.)  METEOROLOGICAL  STATISTICS  TABULATED.]  The 
board  of  trustees  shall  also  cause  to  be  collected  and  tabulated 
such  meteorological  statistics  as  may  be  needed  to  account  for 
the  varieties  of  climate  in  the  various  parts  of  the  state;  also  to 
cause  to  be  ascertained  by  barometrical  observations  or  other 
appropriate  means,  the  relative  elevations  and  depressions  of  the 
different  parts  of  the  state;  and  also  on  or  before  the  completion 
of  such  surveys  to  cause  to  be  compiled  from  such  actual  surveys 
and  measurements  as  may  be  necessary  an  accurate  map  of  the 


100  GENERA^   SCHOOL    LAWS, 

State;  which  map  when  approved  by  the  Governor  shall  be  the 
official  map  of  the  State. 

§  280.  (901.)  SPECIMENS  COLLECTED.]  It  shall  be  the  duty 
of-  said  board  to  cause  proper  specimens,  skillfully  prepared, 
secured  and  labeled,  of  all  rocks,  soils,  ores,  coals,  fossils, 
cements,  building  stones,  plants,  woods,  skins  and  skeletons  of 
animals,  birds,  insects  and  fishes,  and  other  mineral,  vegetable 
and  animal  substances  and  organisms  discovered  or  examined  in 
the  course  of  said  surveys,  to  be  preserved  for  public  inspection 
free  of  cost,  in  the  University  of  North  Dakota,  in  rooms  con- 
venient of  access  and  properly  warmed,  lighted,  ventilated  and 
furnished,  and  in  charge  of  a  proper  scientific  curator;  and  they 
shall  also,  whenever  the  same  may  be  practicable,  cause  dupli- 
cates in  reasonable  numbers  and  quantities  of  the  above  named 
specimens,  to  be  collected  and  preserved  for  the  purpose  of 
exchange  with  other  state  universities  and  scientific  institutions, 
of  which  latter  the  Smithsonian  institution  at  Washington  shall 
have  the  preference. 

§  281.  (902.)  MAP  OF  THE  STATE.]  The  board  shall  cause  a 
geological  map  of  the  state  to  be  made  as  soon  as  may  be  prac- 
ticable, upon  which  by  colors  and  other  appropriate  means  and 
devices  the  various  geological  formations  shall  be  represented. 

§  282.  (903.)  ANNUAL  REPORT  OF  TRUSTEES.]  It  shall  be  the 
duty  of  the  board,  through  its  president,  to  make  on  or  before 
the  second  Tuesday  in  December  of  each  year,  a  report  showing 
the  progress  of  said  surveys,  accompanied  by  such  maps,  drawings 
and  specifications  as  may  be  necessary  and  proper  to  exemplify 
the  same  to  the  Governor,  who  shall  lay  the  same  before  the 
legislative  assembly,  and  the  board  upon  the  completion  of  any 
separate  portion  of  any  of  the  said  surveys  shall  cause  to  be 
prepared  a  memoir  or  final  report  which  shall  embody  in  a  con- 
venient manner  all  useful  and  important  information  accumulated 
in  the  course  of  the  investigation  of  the  particular  department  or 
portion;  which  report  or  memoir  shall  likewise  be  communicated 
through  the  Governor  to  the  legislative  assembly. 

§  283.  (904.)  STATE  GEOLOGIST.]  The  professor  of  geology  in 
the  university  shall  be  ex  officio  State  geologist. 


NORTH    DAKOTA. 


101 


ARTICLE  xxvi. 


NORMAL  SCHOOLS. 


Section. 

284.  Normal  Schools  Located. 

285.  Endowment  and  Maintenance. 

286.  Management  of. 

287.  Boards,  How  Constituted. 

288.  Terms  of  Trustees. 

289.  Commissions. — Secretary. 
Meetings. — Compensation. 
Treasurer  to  Keep  Funds. 


290. 
291 


292.     Objects  of  Normal  Schools. 


Section. 

293.  Duties  of  Board  as  to  Appropriations. 

294.  Salaries  of  Employees — Reports. 

295.  Salaries  of  Principal  and  Teachers. 

296.  The  Faculty,   Duties   of. 

297.  Duty  of  Principal. 

298.  Annual  Report  of  Faculty. 

299.  Biennial  Reports  to  Governor. 

300.  Diplomas. 

301.  State  Professional  Certificate. 


§  284.  (905.)  NORMAL  SCHOOLS  LOCATED.]  The  normal 
school  as  established  and  located  at  the  City  of  Mayville  in  the 
County  of  Traill,  and  the  normal  school  as  established  and 
located  at  the  City  of  Valley  City  in  the  County  of  Barnes,  shall 
continue  to  be  the  normal  schools  of  the  State. 

§  285.  (906.)  ENDOWMENT  AND  MAINTENANCE.]  All  proceeds 
accumulating  in  the  interest  and  income  fund  arising  from  the 
sale  or  rental  of  the  lands  granted  or  hereafter  to  be  granted  by 
the  State  of  North  Dakota,  for  such  normal  schools,  are  hereby 
pledged  for  the  establishment  and  maintenance  of  such  schools. 

§  286.  (907.)  MANAGEMENT  OF.]  The  government  and  man- 
agement of  such  schools  are  vested  in  a  board  of  trustees  to  be 
known  as  the  board  of  trustees  of  the  State  Normal  Schools,  and 
in  a  board  of  management  for  each  school  to  be  known  as  the 
board  of  management  of  the  normal  school  at  MayviHe,  and  the 
board  of  management  of  the  normal  school  at  Valley  City 
respectively. 

§  287.  (908.)  BOARDS,  HOW  CONSTITUTED.]  The  board  of 
management  for  each  normal  school  shall  consist  of  five  mem- 
bers. The  board  of  trustees  of  such  normal  schools  shall  consist 
of  twelve  members,  ten  of  whom  shall  be  the  members  of  the 
respective  boards  of  management  as  herein  provided.  The 
Governor  and  Superintendent  of  Public  Instruction  shall  be 
ex  officio  members  of  such  board  of  trustees,  and  the  Superin- 
tendent of  Public  Instruction  shall  act  as  president  of  such 
board. 

§  288.  (909.)  TERMS  OF  TRUSTEES.]  The  Governor  shall  by 
and  with  the  advice  and  consent  of  the  senate  appoint  during 
each  biennial  session  of  the  legislative  assembly,  five  members  of 
such  board  of  trustees  who  shall  hold  their  office  for  four  years 
commencing  on  the  second  Tuesday  in  April  following  such 
appointment.  The  Governor  shall  fill  all  vacancies  therein  by 
appointment  for  unexpired  terms.  At  the  first  meeting  of  the 
board  of  management  of  each  normal  school  the  members 
thereof  shall  take  and  subscribe  the  oath  of  office  required  of  all 
civil  officers  and  shall  proceed  to  elect  a  president  who  shall 
reside  in  the  vicinity  of  such  normal  school,  and  the  principal  of 
the  school  shall  be  the  secretary  of  the  board  but  shall  have  no 


IO2  GENERAL   SCHOOL   LAWS, 

vote.  In  the  absence  of  the  principal  the  board  may  select  one 
of  its  members  to  act  as  secretary.  A  majority  of  the  members 
of  the  board  of  management  shall  constitute  a  quorum  for  the 
transaction  of  business. 

§  289.  (910.)  COMMISSIONS.  SECRETARY.]  The  Governor 
shall  cause  to  be  issued  to  each  of  the  members  of  the  board  of 
trustees  a  commission  under  the  great  seal  of  the  state,  and  such 
commission  shall  designate  the  board  of  management  upon  which 
such  members  shall  serve.  At  the  first  meeting  of  the  board  the 
members  thereof  shall  proceed  to  select  and  appoint  a  secretary 
of  the  board.  A  majority  of  the  members  of  the  board  of 
trustees  shall  constitute  a  quorum  for  the  transaction  of  business. 

§  290.  (911.)  MEETINGS.  COMPENSATION.]  The  board  of 
trustees  shall  meet  at  Valley  City  and  at  Mayville  or  at  the  seat 
of  government  at  such  time  each  year  as  may  be  decided  upon 
by  the  board.  The  members  of  the  board  shall  receive  their 
actual  and  necessary  expenses  in  attending  meetings  of  the 
board  or  in  other  duties  connected  therewith,  which  expenses 
shall  be  paid  out  of  the  State  treasury  upon  the  vouchers  of  the 
board  approved  by  the  State  Auditor,  who  shall  issue  his  warrant 
upon  the  State  Treasurer  for  the  amount  so  approved.  The 
board  of  trustees  shall  not  be  in  session  for  exceeding  eight  days 
in  any  one  year  nor  either  board  of  management  to  exceed 
twelve  days  during  each  year.  The  secretary  of  the  board  of 
trustees  shall  receive  such  salary  as  shall  be  determined  by  the 
board  not  exceeding  one  hundred  dollars  a  year  and  his  actual 
expenses  incurred  in  attending  meetings  of  the  board,  which 
shall  be  paid  as  herein  provided  for  members  of  the  board  of 
trustees. 

§  291.  (912.)  TREASURER  TO  KEEP  FUNDS.]  All  moneys 
arising  from  the  interest  and  income  derived  from  the  rental  and 
sale  of  the  lands  appropriated  to  such  schools  and  all  moneys 
that  may  hereafter  be  appropriated  by  the  State,  including  all 
moneys  raised  in  any  other  manner  for  either  of  such  schools 
shall  be  deposited  with  the  State  Treasurer,  to  be  by  him  kept 
in  two  separate  funds,  to  be  known  as  the  fund  of  the  State 
Normal  School  at  Mayville,  and  the  fund  of  the  State  Normal 
School  at  Valley  City,  respectively,  and  such  funds  shall  be  used 
exclusively  for  the  benefit  of  such  schools. 

§  292.  (913.)  OBJECTS  OF  NORMAL  SCHOOLS.]  The  objects  of 
such  normal  schools  shall  be  to  prepare  teachers  in  the  science 
of  education  and  the  art  of  teaching  in  public  schools.  The 
board  of  trustees,  with  the  assistance  of  the  respective  faculties, 
shall  adopt  the  full  course  of  study  prescribed  for  that  purpose, 
which  shall  embrace  the  academic  and  professional  studies 
usually  taught  in  normal  schools.  Such  schools  shall  in  all 
things  be  free  from  sectarian  control. 

§    293.       (914.)       DUTIES    OF   BOARD   AS   TO  APPROPRIATIONS.]   The 

board    of  management  of  each  normal  school  shall  direct  the 


NORTH    DAKOTA.  IO3 


disposition  of  all  moneys  appropriated  by  the  legislative  assembly 
for  current  expenses  for  such  school,  and  shall  have  supervision 
and  charge  of  the  construction  of  all  buildings  authorized  by  law 
for  such  school,  and  shall  direct  the  disposition  of  all  moneys 
appropriated  therefor  or  accumulating  therefor  as  provided  in 
this  article.  They  shall  have  power  to  appoint  one  of  their 
members  superintendent  of  construction  of  all  buildings,  who 
shall  receive  three  dollars  per  day  for  each  day  actually  and 
necessarily  engaged  in  the  discharge  of  his  duties,  not  to  exceed 
fifty  days  in  any  one  year,  which  sum  shall  be  paid  out  of  the 
State  treasury  as  herein  provided;  but  all  expenditures  incurred 
under  the  direction  of  either  of  the  boards  aforesaid  shall  be 
audited  and  allowed  by  such  board  of  management  and  the 
expenditures  incurred  under  the  direction  of  the  board  of  trustees 
aforesaid  shall  be  audited  and  allowed  by  such  board. 

§  294.  (915.)  SALARIES  OF  EMPLOYEES.  REPORTS.]  The 
board  of  management  of  each  normal  school  shall  have  the  care 
of  the  buildings  belonging  to  such  school.  It  shall  have  power  to 
fix  the  salaries  of  employees,  except  members  of  the  faculty,  and 
to  prescribe  their  respective  duties,  and  to  remove  any  of  such 
employees  at  any  time.  It  shall  at  such  times  as  may  be  deter- 
termined  upon  propose  to  the  board  of  trustees  the  names  of 
persons  as  principal,  teachers  and  instructors,  with  tne  recom- 
mendation that  such  persons  be  employed  by  such  board  of 
trustees  as  the  faculty  of  such  school.  It  shall  on  or  before  the 
third  Monday  in  November  of  each  year,  make  an  annual  report 
to  the  board  of  trustees,  showing  a  statement  of  all  expenditures 
of  funds  under  its  direction,  the  erection  and  care  of  buildings, 
the  condition  of  the  schools,  and  containing  such  recommenda- 
tions as  they  may  think  proper. 

§  295.  (916.)  SALARIES  OF  PRINCIPAL  AND  TEACHERS.]  The 
board  of  trustees  shall  fix  the  salaries  of  the  principal,  teachers 
and  instructors,  and  shall  employ  the  persons  therefor  that  have 
been  recommended  by  the  respective  boards  of  management, 
unless  in  the  opinion  of  the  board  of  trustees  a  reasonable  ground 
exists  for  refusing  to  employ  such  person.  The  board  of  trustees 
shall  prescribe  the  time  and  the  length  of  the  various  terms  of 
such  schools. 

§  296.  (917.)  THE  FACULTY,  DUTIES  OF.]  The  faculty  shall 
consist  of  the  principal,  teachers  and  instructors  employed  for 
each  school  as  herein  provided.  They  shall  pass  all  needful 
rules  and  regulations  for  the  government  and  discipline  of  the 
schools,  regulating  the  routine  of  labor,  study,  meals  and  the 
duties  and  exercises  and  such  other  rules  and  regulations  as  are 
necessary  for  the  preservation  of  morals,  decorum  and  health. 
They  shall  carry  out  the  course  of  study  adopted  by  the  board 
of  trustees  and  shall  arrange  for  the  classification  of  all  pupils  in 
conformity  therewith. 

§  297.     (918.)     DUTY  OF  PRINCIPAL.]     The   principal   shall   be 


IO4  GENERAL    SCHOOL    LAWS, 

the  chief  executive  officer  of  the  school  and  it  shall  be  his  duty 
to  see  that  all  the  rules  and  regulations  are  executed.  The  sub- 
ordinate officers  and  employees  shall  be  under  his  direction  and 
supervision. 

§  298.  (919.)  ANNUAL  REPORT  OF  FACULTY.]  The  faculty 
shall,  on  or  before  the  third  Monday  in  October  in  each  year 
make  an  annual  report  to  the  board  of  trustees  showing  the 
general  condition  of  the  school  an'd  containing  such  recommen- 
dations as  the  welfare  of  the  institution  demands. 

§  299.  (920.)  BIENNIAL  REPORTS  TO  GOVERNOR.]  The  board 
of  trustees  shall  make  a  report  to  the  Governor  on  or  before  the 
fifteenth  day  of  November  next  preceding  each  biennial  session 
of  the  legislative  assembly,  containing  the  several  reports  of  the 
boards  of  management  and  faculties  herein  provided  for,  showing 
the  condition  of  the  funds  appropriated  for  the  school,  the 
money  expended  and  the  purpose  for  which  the  same  was 
expended,  in  detail,  and  showing  the  ^condition  of  the  normal 
schools  generally. 

§  300.  (921.)  DIPLOMAS.]  The  board  of  trustees  and  the 
respective  faculties  of  each  school  shall  have  power  to  issue 
diplomas  to  all  persons  who  shall  have  completed  the  course  of 
study  prescribed  for  the  normal  schools  as  herein  provided,  and 
who  shall  have  passed  a  satisfactory  examination  under  the 
direction  of  the  board  of  trustees,  upon  the  branches  contained  in 
such  course,  and  who  shall  be  known  to  possess  a  good  moral 
character,  which  diploma  shall  set  forth  the  above  mentioned 
facts  and  shall  be  designated  the  State  Normal  School  diploma. 

§  301.  (922.)  STATE  PROFESSIONAL  CERTIFICATE.]  Any  per- 
son who  is  the  holder  of  such  a  diploma  and  who  can  furnish 
satisfactory  evidence  to  the  Superintendent  of  Public  Instruction 
that  he  has  had  three  years'  successful  experience  as  a  teacher, 
shall  be  granted  by  the  Superintendent  of  Public  Instruction  a 
State  professional  certificate,  valid  for  life,  as  provided  by  law, 
and  any  such  person  who  can  furnish  satisfactory  evidence  of 
one  year's  successful  experience  as  a  teacher  shall  be  granted 
such  certificate,  valid  for  five  years,  as  provided  by  law.  The  fees 
for  such  certificate  shall  be  as  provided  by  law. 


NORTH  DAKOTA. 


ARTICLE  XXVII. 

NORTH  DAKOTA  ACADEMY  OF  SCIENCE. 

Section.  Section. 

302.  Academy  of  Science,  Location  of.  309.     Appropriation  for  Construction  and    Main- 

303.  Management  tenance. 

304.  Board,  How  Appointed.  310.     Temporary    Funds,  How  Secured — Certifi- 

305.  Powers  of  Board.  cates  Issued. 

306.  Rules  and  Regulations.  311.     State  Treasurer  Custodian  of  all  Funds. 

307.  Official  School  Visits.  312.     Record  and  Proceedings  of  Board. 

308.  Expenses   of    Board    How  Paid — Faculty, 

How  Paid. 

§  302.  (923.)  ACADEMY  OF  SCIENCE,  LOCATION  OF.]  The 
North  Dakota  Academy  of  Science  heretofore  established  at 
Wahpeton  is  hereby  continued  as  such.  The  object  of  such 
academy  shall  be  to  furnish  instruction  in  such  arts  and  sciences 
as  the  board  of  trustees  shall  prescribe.  Such  academy  shall 
contain  a  preparatory  department  where  all  the  various  branches 
shall  be  taught  pertaining  to  a  good  common  school  education. 

§  303.  (924.)  MANAGEMENT.]  Such  school  shall  be  under  the 
direction  of  a  board  of  trustees  and  shall  be  governed  and  sup- 
ported as  hereinafter  provided. 

§  304.  (925.)  BOARD,  HOW  APPOINTED.]  Such  board  shall 
consist  of  five  members,  three  of  whom  shall  be  appointed  by 
the  Governor  as  follows:  During  each  biennial  session  of  the 
legislative  assembly  the  Governor  shall  nominate  and,  by  and 
with  the  advice  and  consent  of  the  senate,  appoint  one  member 
of  such  board  who  shall  hold  his  office  for  the  period  of  six 
years,  commencing  on  the  first  Tuesday  in  April  succeeding  such 
appointment,  and  until  his  successor  is  appointed  and  qualified 
and  the  Governor  may  fill  vacancies  in  such  board  by  appoint- 
ment as  in  other  cases.  The  State  Treasurer  and  Superintendent 
of  Public  Instruction  shall  be  ex  officio  members  of  such  board; 
and  the  members  thereof  shall  annually  elect  from  their  number 
a  president  and  secretary.  It  shall  be  the  duty  of  the  secretary 
to  keep  a  detailed  account  of  the  acts  of  the  board,  and  he  shall 
make  such  reports  to  the  legislative  assembly  as  are  required  by 
this  article. 

§  3°5-  (926.)  POWERS  OF  BOARD.]  Such  board  shall  have 
power  to  appoint  a  principal  and  assistant  to  take  charge  of  such 
school,  and  such  other  teachers  and  officers  as  may  be  required 
and  fix  the  salaries  of  each,  and  prescribe  their  several  duties.  It 
shall  also  have  power  to  remove  either  the  principal,  assistant  or 
teachers  and  appoint  others  in  their  stead.  The  board  shall  pre- 
scribe the  various  books  to  be  used  in  such  school  and  shall  make 
all  the  regulations  and  by-laws  necessary  for  the  good  govern- 
ment and  management  of  the  same,  and  shall  have  power  to 
procure  all  necessary  apparatus,  instruments  and  appurtenances 
for  instruction  in- such  schools. 

s.  L.— 8. 


IO6  GENERAL    SCHOOL    LAWS, 

§  306.  (927.)  RULES  AND  REGULATIONS.]  The  board  shall 
prescribe  such  rules  and  regulations  for  the  admission  of  pupils 
to  said  school  as  it  shall  deem  necessary  and  proper.  Each 
applicant  for  admission  shall  undergo  an  examination  in  such 
manner  as  shall  be  prescribed  by  the  board.  And  the  board  may 
in  its  discretion  require  applicants  for  admission  into  such  school 
to  pay  or  secure  to  be  paid  such  fees  or  tuition  as  the  board  shall 
deem  reasonable. 

§  307.  (928.)  OFFICIAL  SCHOOL  VISITS.]  There  shall  be  ap- 
pointed annually  by  the  board  three  persons,  not  members  of 
such  board,  whose  duty  it  shall  be  to  visit  such  school  at  least 
once  in  each  year  and  report  to  the  Superintendent  of  Public 
Instruction  their  views  in  regard  to  its  condition,  success  and 
usefulness,  and  any  other  matters  which  they  may  deem 
expedient. 

§  308.  (929.)  EXPENSES  OF  BOARD,  HOW  PAID.  FACULTY,  HOW 
PAID.]  All  necessary  expenses  incurred  by  members  of  the  board 
of  trustees  under  the  provisions  of  this  article  shall  be  paid  on 
the  proper  voucher  out  of  any  funds  belonging  to  such  institution 
n  the  hands  of  the  State  Treasurer,  but  they  shall  receive  no 
other  compensation.  The  principal,  assistant,  teachers,  board  of 
trustees  and  other  officers  employed  in  such  school  shall  be  paid 
out  of  the  fund  of  the  North  Dakota  Academy  of  Science. 

§  309.  (930.)  APPROPRIATION  FOR  CONSTRUCTION  AND  MAIN- 
TENANCE.] All  moneys  received  from  the  interest  and  income 
derived  from  the  sale  or  leasing  of  the  forty  thousand  acres  of 
land  donated  by  congress  and  appropriated  by  the  constitution 
of  the  State  for  the  benefit  of  such  school,  are  hereby  appro- 
priated for  the  construction  and  maintenance  thereof. 

§  310.  (931.)  TEMPORARY  FUNDS,  HOW  SECURED.  CERTIFI- 
CATES ISSUED.]  To  provide  temporarily  for  the  erection  and 
maintenance  of  such  academy  the  board  of  trustees  may  receive 
such  sums  of  money  as  can  be  actually  used  in  the  construction 
of  permanent  buildings,  procuring  ground  whereon  to  build  the 
same,  and  other  needed  and  necessary  improvements  to  be  made 
and  expenses  incurred  in  connection  therewith,  not  exceeding  the 
sum  of  ten  thousand  dollars,  and  to  each  person,  association,  or 
corporation  so  subscribing  and  advancing  money  as  aforesaid,  the 
board  shall  issue  a  certificate  stating  the  date  of  issue  and  the 
amount  of  subscription,  which  certificate  shall  bear  interest  at 
not  exceeding  six  per  cent  per  annum  and  shall  be  made  payable 
from  the  funds  to  accumulate  in  the  interest  and  income  fund 
arising  from  interest  on  the  permanent  fund  or  from  rents  received 
for  any  lands  set  apart  for  such  academy,  or  from  any  appropria- 
tion that  may  hereafter  be  made  for  that  purpose;  provided,  that 
until  a  sufficient  amount  of  money  accumulates  in  the  fund  pro- 
vided for  that  purpose,  with  which  to  pay  such  certificates,  the 
holders  thereof  shall  each  be  paid  a  pro  rata  share  of  all  moneys 
to  be  paid  on  such  indebtedness ;  provided,  further,  that  no  part  of 


NORTH  DAKOTA. 


any  appropriation  hereafter  to  be  made  from  the  State  treasury, 
unless  specifically  appropriated  for  that  purpose,  shall  ever  be 
used  in  payment  of  such  indebtedness  or  any  part  thereof. 

§  311-  (932-)  STATE  TREASURER  CUSTODIAN  OF  ALL  FUNDS.] 
All  money  that  may  arise  from  the  interest  received  and  all 
money  derived  from  the  sale  of  lands  heretofore  or  that  may 
hereafter  be  appropriated  for  such  academy,  including  all  money 
that  may  be  received  from  the  rents  of  such  lands,  and  all  moneys 
that  may  be  hereafter  appropriated  for  such  academy  by  this 
state,  including  all  money  raised  in  any  other  manner  or  donated 
to  said  academy,  shall  be  deposited  with  the  State  Treasurer  to 
be  by  him  kept  in  a  separate  fund  which  shall  be  known  as  the 
North  Dakota  Academy  of  Science  fund  and  shall  be  used 
exclusively  for  the  benefit  of  such  academy. 

§  312.  (933.)  RECORD  AND  PROCEEDINGS  OF  BOARD.]  A 
majority  of  the  members  of  such  board  shall  constitute  a  quorum 
for  the  transaction  of  business,  but  a  less  number  may  adjourn 
from,  time  to  time.  All  proceedings  of  the  board  shall  be 
recorded  in  a  book  to  be  kept  for  that  purpose,  which  shall  be 
open  to  inspection  by  any  person  on  request. 


ARTICLE  XXVIII. 

AGRICULTURAL  COLLEGE. 

Section.  Section. 

313.  Location  of.  ^21.     Faculty  to  Adopt  Rules    and  Regulations. 

314.  Management   of.  322.     Duties  of   President. 

315.  Board   of    Trustees,  How   Appointed — Va-         323.     Faculty  to  Make  Annual  Report  to  Board. 

cancies.  324-  Annual  Report  to  Governor. 

316.  Commission— Oath — Organization.  325.  Honorary  Degrees  May  be  Conferred. 

317.  Meetings,  Where  Held.  326.  Experiment  Station 

318.  Duties  of  Board.  327.  Legislative  Assent  to   Grant  by   Congress. 

319.  Course  of  Instruction.  328.  Acceptance  of  Land  Grant. 

320.  Board  of  Trustees  to  Fix  Salaries.  329.  Bond  of  Treasurer. 

§  313.  (934.)  LOCATION  OF.]  The  Agricultural  College  shall 
continue  as  now  established  and  located  at  Fargo  in  the  county 
of  Cass. 

§  314.  (935.)  MANAGEMENT  OF.]  The  government  and  man- 
agement of  such  college  is  vested  in  a  board  of  trustees  to  be 
known  as  the  board  of  trustees  of  the  Agricultural  College. 

§  3J5-  (936.)  BOARD  OF  TRUSTEES,  HOW  APPOINTED.  VACAN- 
CIES.] The  board  of  trustees  shall  consist  of  seven  members,  to 
be  appointed  as  follows:  During  each  biennial  session  of  the 
legislative  assembly  there  shall  be  nominated  by  the  Governor 
and,  by  and  with  the  advice  and  consent  of  the  senate,  appointed 
for  the  term  of  four  years,  trustees  to  fill  vacancies  occurring  by 
the  expiration  of  the  term  of  office  of  those  previously  appointed. 
The  Governor  shall  have  power  to  fill  all  vacancies  in  such  board 
which  occur  when  the  legislative  assembly  is  not  in  session,  and 
the  members  of  such  board  shall  hold  their  office  until  their 
successors  are  appointed  and  qualified  as  provided  in  this  article. 


IO8  GENERAL    SCHOOL    LAWS, 

Persons  appointed  to  fill  vacancies  shall  hold  office  only  until  the 
first  Tuesday  in  April  succeeding  the  next  session  of  the  legisla- 
tive assembly. 

§  316.  (937.)  COMMISSION.  OATH.  ORGANIZATION.]  The 
Governor  shall  cause  to  be  issued  to  each  trustee  so  appointed  a 
commission  under  the  great  seal  of  the  State.  At  the  first  meet- 
ing of  such  board  the  members  thereof  shall  take  and  subscribe 
the  oath  of  office  required  of  other  civil  officers  and  shall  then 
proceed  to  elect  a  president,  secretary  and  treasurer,  but  the 
treasurer  shall  not  be  a  member  of  the  board.  A  majority  of  the 
members  of  the  board  shall  constitute  a  quorum  for  the  transac- 
tion of  business.  The  board  shall  require  a  bond  of  its  treasurer 
in  such  an  amount  and  with  such  sureties  as  it  may  deem  proper. 

§  31?-  (938-)  MEETINGS,  WHERE  HELD.  COMPENSATION  OF 
TRUSTEES.]  The  board  shall  hold  its  meetings  at  the  city  of 
Fargo  at  such  times  as  it  may  designate,  but  there  shall  not  be  to 
exceed  six  regular  meetings  each  year;  provided,  that  the  presi- 
dent of  the  board  shall  have  power  to  call  special  meetings 
whenever  in  his  judgment  it  becomes  necessary.  The  members 
of  the  board  shall  receive  as  compensation  for  their  services  the 
sum  of  three  dollars  per  day  for  each  day  employed  and  five 
cents  per  mile  for  each  mile  actually  and  necessarily  traveled  in 
attending  the  meetings  of  the  board,  which  sum  shall  be  paid  out 
of  the  State  treasury  upon  vouchers  of  the  board  duly  certified 
by  the  president  and  secretary  thereof. 

§  3J8.  (939-)  DUTIES  OF  BOARD.]  Such  board  shall  direct 
the  disposition  of  all  moneys*  appropriated  by  the  legislative 
assembly  or  by  the  congress  of  the  United  States,  or  that  may  be 
derived  from  the  sale  of  lands  donated  by  congress  to  the  State 
for  such  college,  or  that  may  be  donated  to  or  come  from  any 
source  to  the  State  for  said  college,  or  experiment  station  for 
North  Dakota,  subject  to  all  restrictions  imposed  upon  such 
funds  either  by  the  constitution  or  laws  of  the  State  or  by  the 
terms  of  such  grants  from  congress,  and  shall  have  supervision 
and  charge  of  the  construction  of  all  buildings  authorized  by  law 
for  such  college  and  station.  The  board  shall  have  power  to 
employ  a  president  and  necessary  teachers,  instructors  and 
assistants  to  conduct  such  school  and  carry  on  the  experiment 
station  connected  therewith  and  to  appoint  one  of  its  members 
superintendent  of  construction  of  all  buildings,  who  shall  receive 
three  dollars  per  day  for  each  day  actually  and  necessarily 
engaged  in  the  discharge  of  his  duties,  not  to  exceed  fifty  days 
in  any  one  year,  which  sum  shall  be  paid  out  of  the  State  treasury 
upon  the  vouchers  of  said  board. 

§  319.  (940.)  COURSE  OF  INSTRUCTION.]  The  object  of  such 
college  shall  be  to  afford  practical  instruction  in  agriculture  and 
the  natural  sciences  connected  therewith,  and  in  the  sciences 
which  bear  directly  upon  all  industral  arts  and  pursuits.  The 
course  of  instruction  shall  embrace  the  English  language  and 


NORTH  DAKOTA. 


literature,  mathematics,  military  tactics,  civil  engineering,  agri- 
cultural chemistry,  animal  and  vegetable  anatomy  and  physiology, 
the  veterinary  art,  entomology,  geology  and  such  other  natural 
sciences  as  may  be  prescribed,  political,  rural  and  household 
economy,  horticulture,  moral  philosophy,  history,  book-keeping 
and  especially  the  application  of  science  and  the  mechanic  arts 
to  practical  agriculture.  A  full  course  of  study  in  the  institution 
shall  embrace  not  less  than  four  years,  and  the  college  year  shall 
consist  of  not  less  than  nine  calendar  months,  which  may  be 
divided  into  terms  by  the  board  of  trustees  as  in  its  judgment 
will  best  secure  the  objects  for  which  the  college  was  founded. 

§  320.  (941.)  BOARD  OF  TRUSTEES  TO  FIX  SALARIES.]  The 
board  of  trustees  shall  fix  the  salaries  of  the  president,  teachers, 
instructors  and  other  employees  and  prescribe  their  respective 
duties.  The  board  shall  also  fix  the  rate  of  wages  to  be  allowed 
the  students  for  labor  on  the  farm  and  experiment  station  or  in 
the  shops  or  kitchen  of  the  college.  The  board  may  remove  the 
president  or  subordinate  officers  and  supply  all  vacancies. 

§  321.  (942.)  FACULTY  TO  ADOPT  RULES  AND  REGULATIONS.] 
The  faculty  shall  consist  of  the  president,  teachers  and  instructors 
and  shall  pass  all  needful  rules  and  regulations  for  the  govern- 
ment and  discipline  of  the  college,  regulating  the  routine  of 
labor,  study,  meals  and  the  duties  and  exercises,  and  all  such 
rules  and  regulations  as  are  necessary  for  the  preservation  of 
morals,  decorum  and  health. 

§  322.  (943.)  DUTIES  OF  PRESIDENT.]  The  president  shall 
be  the  chief  executive  officer  of  the  college  and  it  shall  be  his 
duty  to  see  that  all  rules  and  regulations  are  executed,  and  the 
subordinate  officers  and  employees  not  members  of  the  faculty 
shall  be  under  his  direction  and  supervision. 

§  323.  (944.)  FACULTY  TO  MAKE  ANNUAL  REPORT  TO  BOARD.] 
The  faculty  shall  make  an  annual  report  to  the  board  of  trustees 
on  or  before  the  first  Monday  in  November  of  each  year,  showing 
the  condition  of  the  school,  experiment  station  and  farm  and  the 
results  of  farm  experiments  and  containing  such  recommenda- 
tions as  the  welfare  of  the  institution  demands. 

§  324.  (945.)  ANNUAL  REPORT  TO  GOVERNOR.]  The  board  of 
trustees  shall  on  or  before  the  fifteenth  day  of  November  in  each 
year  make  a  report  to  the  Governor  setting  forth  in  detail  the 
operations  of  the  experiment  station,  including  a  statement  of 
the  receipts  and  expenditures,  a  copy  of  which  report  shall  be 
sent  by  the  Governor  to  the  Commissioner  of  Agriculture  and  to 
the  Secretary  of  the  Treasury  of  the  United  States,  and  the  board 
shall  also  make  a  report  to  the  Governor  on  or  before  the  fifteenth 
day  of  November  next  preceding  each  biennial  session  of  the 
legislative  assembly,  containing  a  financial  statement  showing  the 
condition  of  all  funds  appropriated  for  the  use  of  such  college 
and  experiment  station,  also  the  moneys  expended  and  the 
purposes  for  which  the  same  were  expended,  in  detail,  also  the 


I  10  GENERAL    SCHOOL    LAWS, 

condition  of  the  institution  and  the  results  of  the  experiments 
carried  on  there. 

§  325.  (946.)  HONORARY  DEGREES  MAY  BE  CONFERRED.]  The 
board  and  the  faculty  shall  have  power  to  confer  degrees  upon 
all  persons  who  shall  have  completed  the  course  of  study  pre- 
scribed by  them,  and  who  shall  have  passed  a  satisfactory 
examination  in  the  branches  contained  in  such  course,  and  who 
possess  a  good  moral  character. 

§  326.  (947.)  EXPERIMENT  STATION.]  The  agricultural  experi- 
ment station,  heretofore  established  in  connection  with  such 
college  is  continued  and  the  same  shall  be  under  the  direction  of 
the  board  of  trustees  of  such  college,  for  the  purpose  of  conduct- 
ing experiments  in  agriculture  according  to  the  provisions  of 
section  I  of  the  act  of  congress  approved  March  2,  1887,  entitled 
"An  act  to  estabish  agricultural  experiment  stations  in  connec- 
tion with  the  colleges  established  in  the  several  states  under  the 
provisions  of  an  act  approved  July  2,  1862,  and  of  the  acts  supple- 
mentary thereto." 

§  327.  (948.)  LEGISLATIVE  ASSENT  TO  GRANT  BY  CONGRESS.] 
The  assent  of  the  legislative  assembly  is  hereby  given  in  pursu- 
ance of  the  requirements  of  section  9  of  said  act  of  congress, 
approved  March  2,  1887,  to  the  grant  of  money  therein  made  and 
to  the  establishing  of  an  experiment  station  in  accordance  with 
section  I  of  said  last  mentioned  act,  and  assent  is  hereby  given  to 
carry  out  the  provisions  of  said  act. 

§  328.  (949.)  ACCEPTANCE  OF  LAND  GRANT.]  The  grants  of 
land  accruing  to  this  State  by  virtue  of  an  act  of  congress  donat- 
ing public  lands  for  the  use  and  support  of  agricultural  colleges, 
approved  February  22,  1889,  is  hereby  accepted  with  all  the 
conditions  and  provisions  in  said  act  contained,  and  said  lands 
are  hereby  set  apart  for  the  use  and  support  of  the  colleges  herein 
provided  for. 

§  329-  (95°-)  BOND  OF  TREASURER.]  The  treasurer  of  such 
college  shall  give  a  bond  in  the  sum  of  fifty  thousand  dollars  with 
at  least  four  sureties  to  be  approved  by  the  board  of  trustees 
of  such  college,  conditioned  for  the  faithful  accounting  of  all 
moneys  received  by  him  as  such  treasurer. 


NORTH  DAKOTA. 


ARTICLE  XXIX. 

DKAF  AND  DUMB  ASYLUM. 

Section.  Section. 

330.  Location.  339-  Residents  Entitled  to  Education  Free. 

331.  Board  of  Trustees,    How    Appointed.  340.  Deaf  to  be  Reported  to  Principal  of  School. 

332.  Organization— Meetings.  341.  Accounts  for  Clothing,   How  Collected. 

333.  Oath — Duties  of  Officers  of  Board.  342.  Transportation    of   Indigent   Persons,   How 

334.  Board  to  Direct  Disposition  of  Moneys.  Paid. 

335.  Duties  of  Board.  343.  Faculty — Duties  of  Principal. 

336.  Indebtedness  Limited.  344.  Duty  of  Matron. 

337.  Compensation  of  Members  of  Board.  345.  Board  to  Make  Biennial  Reports. 

338.  Fee  for  Non-Resident  Children. 

§  33°-  (95 *•)  LOCATION.]  The  deaf  and  dumb  asylum  as 
located  by  the  constitution  at  Devils  Lake  shall  continue  to  be 
the  institution  for  the  support  and  education  of  the  deaf  and 
dumb  children  of  the  State. 

§  331-  (952-)  BOARD  OF  TRUSTEES,  HOW  APPOINTED.]  Such 
institution  shall  be  under  the  supervision  of  a  board  of  trustees 
consisting  of  five  members,  who  shall  be  appointed  by  the  Gover- 
nor by  and  with  the  advice  and  consent  of  the  senate.  At  each 
biennial  session  of  the  legislative  assembly  the  Governor  shall 
nominate  and,  by  and  with  the  advice  and  consent  of  the  senate, 
appoint  for  the  term  of  four  years,  trustees  to  fill  vacancies 
occurring  by  the  expiration  of  the  term  of  office  of  those  previ- 
ously appointed,  and  the  Governor  shall  have  power  to  fill  all 
vacancies  in  the  board  which  occur  when  the  legislative  assembly 
is  not  in  session,  and  the  members  of  such  board  shall  hold  their 
office  for  the  term  of  four  years  commencing  on  the  first  Tuesday 
in  April  succeeding  their  appointment,  and  until  their  successors 
are  appointed  and  qualified,  except  members  appointed  to  fill 
vacancies  during  the  recess  of  the  legislative  assembly,  which 
members  shall  hold  only  until  the  first  Tuesday  in  April  succeed- 
ing the  next  regular  session  of  the  legislative  assembly. 

§  332-  (953-)  ORGANIZATION.  MEETINGS.]  Such  trustees 
shall  meet  in  the  City  of  Devils  Lake.  They  shall  choose  from 
among  their  number  a  president  and  secretary,  who  shall  hold 
office  for  two  years,  and  until  their  successors  are  appointed  and 
qualified.  Three  members  of  the  board  shall  constitute  a  quorum 
for  the  transaction  of  business.  Such  board  shall  meet  annually 
in  the  month  of  April  and  as  often  thereafter  as  may  be  deemed 
necessary  for  the  proper  transaction  of  business,  upon  the  call  of 
the  president  or  secretary. 

§  333-  (954-)  OATH.  DUTIES  OF  OFFICERS  OF  BOARD.]  Each 
member  of  the  board  shall  before  entering  upon  his  duties  take 
and  subscribe  the  oath  re'quired  of  other  civil  officers,  which  oath 
shall  be  filed  in  the  office  of  the  Secretary  of  State.  The  presi- 
dent shall  preside  at  all  meetings  of  the  board  when  present  and 
in  his  absence  a  president  pro  tempore  may  be  named  to  perform 
the  duties  of  president.  The  secretary  shall  keep  a  correct 


112  GENERAL    SCHOOL    LAWS, 

record  of  the  proceedings  of  the  board  and  have  charge,  in  trust 
for  the  institution,  of  all  papers  and  records  of  the  same. 

§  334-  (955-)  BOARD  TO  DIRECT  DISPOSITION  OF  MONEYS.] 
The  board  shall  direct  the  disposition  of  all  moneys  appropriated 
by  the  legislative  assembly  or  received  from  any  other  source  for 
the  benefit  of  such  institution. 

§  335-  (956.)  DUTIES  OF  BOARD.]  Such  board  shall  have 
general  supervision  of  the  institution,  adopt  rules  for  the  govern- 
ment thereof,  employ  and  fix  the  salaries  of  all  employees, 
provide  necessaries  for  the  institution  and  perform  other  duties, 
not  devolving  upon  the  principal,  necessary  to  render  it  efficient 
and  to  carry  out  the  provisions  of  this  article. 

§  336.  (957-)  INDEBTEDNESS  LIMITED.]  The  board  shall  not 
create  any  indebtedness  against  such  institution  exceeding  the 
amount  appropriated  by  the  legislative  assembly  for  the  use 
thereof. 

§  337-  (958.)  COMPENSATION  OF  MEMBERS  OF  BOARD.]  The 
members  of  the  board  shall  receive  as  compensation  for  their 
services  three  dollars  per  day  for  each  day  employed,  and  five 
cents  per  mile  for  each  mile  actually  and  necessarily  traveled  in 
attending  meetings  of  the  board,  to  be  paid  out  of  the  State 
treasury  upon  vouchers  of  the  board  duly  certified  by  the  presi- 
dent and  secretary  thereof. 

§  338.  (959-)  FEE  FOR  NONRESIDENT  CHILDREN.]  Deaf  and 
dumb  children,  not  residents  of  this  State,  of  suitable  age  and 
capacity,  shall  be  entitled  to  an  education  in  such  school  on  pay- 
ment to  the  State  Treasurer  of  the  sum  of  one  hundred  and 
eighty  dollars  per  annum,  in  advance,  but  such  children  shall  not 
be  received  to  the  exclusion  of  children  of  this  State. 

§  339-  (960.)  RESIDENTS  ENTITLED  TO  EDUCATION  FREE.] 
Each  deaf  and  dumb  person,  who  is  a  resident  of  this  State,  of 
suitable  age  and  capacity,  shall  be  entitled  to  receive  an  educa- 
tion in  such  institution  at  the  expense  of  the  State. 

§  340.  (961.)  DEAF  TO  BE  REPORTED  TO  PRINCIPAL  OF  SCHOOL.] 
The  assessors  in  each  county  shall  annually  report  to  the  county 
auditor  the  names,  ages,  post  office  address  and  names  of  parents 
or  guardian  of  each  deaf  and  dumb  person  between  the  ages  of 
five  and  twenty-five  years  residing  in  his  district,  including  all 
such  persons  as  may  be  too  deaf  to  acquire  an  education  in  the 
common  schools.  Such  county  auditor  shall,  on  or  before  the 
first  day  of  August  in  each  year,  send  a  list  containing  the  names, 
ages  and  residences  of  all  such  persons  to  the  principal  of  the 
school. 

§  341.  (962.)  ACCOUNTS  FOR  CLOTHING,  HOW  COLLECTED.] 
When  the  pupils  of  such  institution  are  not  otherwise  provided 
or  supplied  with  suitable  clothing,  they  shall  be  furnished  there- 
with by  the  principal,  who  shall  make  out  an  account  thereof  in 
each  case  against  the  parent  or  the  guardian,  if  the  pupil  is  a 
minor,  and  against  the  pupil  if  he  has  no  parent  or  guardian  or  if 


NORTH    DAKOTA.  113 


he  has  attained  the  age  of  majority;  which  account  shall  be 
certified  to  be  correct  by  the  principal,  and  when  so  certified 
such  account  shall  be  presumed  correct  in  all  courts.  The 
principal  shall  thereupon  transmit  such  account  by  mail  to  the 
county  treasurer  of  the  county  from  which  the  pupil  so  supplied 
shall  have  come;  and  such  treasurer  shall  proceed  at  once  to 
collect  the  amount  by  suit  in  the  name  of  his  county,  if  neces- 
sary, and  pay  the  same  into  the  State  treasury.  The  principal 
shall  at  the  same  time  remit  a  duplicate  of  such  account  to  the 
State  Auditor,  who  shall  credit  the  same  to  the  account  of  the 
school  and  charge  it  to  the  proper  county;  provided,  that  if  it 
shall  appear  by  the  affidavit  of  three  disinterested  citizens  of  the 
county,  not  of  kin  to  the  pupil,  that  such  pupil  or  his  parents 
would  be  unreasonably  oppressed  by  such  suit,  then  such  treas- 
urer shall  not  commence  such  action,  but  shall  credit  the  same  to 
the  State  on  his  books  and  report  the  amount  of  such  account  to 
the  board  of  county  commissioners  of  his  county,  which  board 
shall  levy  a  sufficient  tax  to  pay  the  same  to  the  State  and  cause 
the  same  to  be  paid  into  the  State  treasury. 

§  342.  (963.)  TRANSPORTATION  OF  INDIGENT  PERSONS,  HOW 
PAID.]  The  board  of  county  commissioners  shall  order  to  be  paid 
the  expenses  of  transportation  to  and  from  such  institution  of 
any  indigent  deaf  and  dumb  children  entitled  to  admission 
thereto,  and  they  shall  at  the  time  of  levying  other  taxes,  levy  a 
tax  sufficient  to  reimburse  the  county  therefor.  In  order  to  avoid 
long  delay  in  transporting  indigent  children  to  and  from  the 
institution,  the  principal  may,  upon  correspondence  with  the 
auditor  of  such  county,  pay  such  transportation  and  forward  to 
such  county  auditor  an  itemized  statement  of  the  expenses.  The 
board  of  county  commissioners  shall  order  the  county  treasurer 
to  draw  his  warrants  for  such  amount  in  favor  of  the  principal  of 
the  institution,  who  shall  account  for  such  money  as  provided  by 
law.  9  • 

§  343  (964.)  FACULTY.  DUTIES  OF  PRINCIPAL.]  The  officers 
of  the  institution  shall  be  a  principal  and  a  matron.  The  principal 
shall  be  a  capable  person,  skilled  in  the  sign  language  and  all  the 
methods  in  use  in  educating  the  deaf  and  shall  have  knowledge  of 
the  wants  and  requirements  of  the  deaf  in  their  proper  training  and 
instruction.  The  principal  and  matron  must  reside  at  the  institu- 
tion. The  principal  shall  receive  a  salary  of  not  less  than  fifteen 
hundred  dollars  per  annum.  The  principal  shall  annually  make 
to  the  board  of  trustees  a  written  report  stating  in  full  the  true 
condition  of  the  educational,  the  domestic  and  the  industrial 
departments  of  the  institution  and  his  action  and  proceedings 
therein,  which  report  shall  be  embraced  in  the  report  of  the 
trustees  to  the  Governor.  He  shall  keep  and  have  charge  of  all 
necessary  records  and  registers  of  each  department  and  have  the 
supervision  of  teachers,  pupils  and  servants  and  perform  such 
other  duties  as  the  board  may  require.  He  may  recommend  and 


114  GENERAL    SCHOOL    LAWS, 

with  the  approval  of  the  board  employ  all  assistants  needed 
therein.  He  shall  have  special  charge  of  the  male  pupils,  out  of 
school  hours,  and  shall  furnish  them  with  employment  about  the 
premises  or  in  some- trade  to  which  they  are  adapted  when  such 
trades  have  been  organized  and  established  at  the  institution  by 
the  trustees  and  provision  for  their  maintenance  made  by  the 
legislative  assembly.  The  proceeds  and  products  arising  from 
the  labor  and  employment  of  the  pupils  shall  inure  to  the  use 
and  benefit  of  the  institution. 

§  344.  (965.)  DUTY  OF  MATRON.]  The  matron  of  the  school 
shall  have  control  of  the  internal  arrangement  and  management 
of  the  institution  and  of  the  female  pupils,  out  of  school  hours. 
She  shall  instruct  the  female  pupils  in  the  domestic  arts  or  in 
some  trade  to  which  they  are  adapted,  under  the  direction  of  the 
principal. 

§  345-  (966.)  BOARD  TO  MAKE  BIENNIAL  REPORTS.]  The 
board  of  trustees  shall  on  or  before  the  fifteenth  day  of 
November  preceding  each  regular  session  of  the  legislative 
assembly  make  a  full  and  complete  report  to  the  Governor, 
showing: 

1.  A  statement  of  the  financial  condition  of  the  institution 
from  the  date  of  the  last  report,  giving  in  detail  the  amount  of 
moneys  feceived  from  all  sources  and  the  amount  expended. 

2.  The  value  of  real  estate  and  buildings  at  the  date  of  the 
last  report  and  the  cost  of  improvements  made,  if  any,  since  such 
report. 

3.  The   number  of   pupils    in   attendance,  their  names,   ages, 
residences,  and   cause  of   deafness;    also  the  number  that  have 
entered  the  institution,  and  the  number  of  those  who   have  left 
since  the  last  report. 

4.  The    number    and    cause   of    deaths    if    any,   which    have 
occurred  in  the  institution  since  the  last  report. 

5.  The  improvement,  health  and  discipline  of  the  pupils. 

6.  The  names  of  th£  officers,  teachers  and  servants  employed. 

7.  All  other   needful   information   touching  such    matters   as 
may  be  deemed  of  interest. 

8.  Such  recommendations  as  may  be  deemed  needful. 

ARTICLE  XXX. 

BLIND  ASYLUM. 

Section.  Section. 

346.  Location  and  Government.  349-     Meetings  of  Board— Compensation. 

347.  Trustees,     How     Appointed  —  Length    of        350.     Proceeds  from  Land  Grant. 

Term.  35i-     By-Laws  and  Rules  of  Regulation. 

348.  Organization  of  Board— Quorum.  352-     Reports,  When  Made. 

§  346.  (967.)  LOCATION  AND  GOVERNMENT.  There  is  hereby 
established  and  located  at  Bathgate  in  Pembina  county,  a  blind 
asylum,  which  shall  be  known  by  the  name  of  the  North  Dakota 


NORTH  DAKOTA. 


Blind  Asylum.  The  government  and  management  of  said  asylum 
is  hereby  vested  in  a  board  of  trustees  consisting  of  five  mem- 
bers, which  shall  be  styled  the  board  of  trustees  of  the  North 
Dakota  Blind  Asylum. 

§  347-  (968.)  TRUSTEES,  HOW  APPOINTED.  LENGTH  OF  TERM.] 
The  members  of  the  board  shall  be  nominated  by  the  Governor, 
and,  by  and  with  the  advice  and  consent  of  the  senate,  shall  be 
appointed  on  or  before  the  third  Monday  of  February  of  each 
biennial  session  of  the  legislative  assembly,  for  a  period  of  four 
years  from  said  date;  provided,  however,  that  the  first  board  of 
trustees  shall  be  appointed  by  the  Governor  at  once  upon  the 
taking  effect  of  this  act;  and  provided,  further,  that  the  terms  of 
the  first  board  shall  be,  three  members  for  the  period  of  four 
years,  and  two  members  for  the  period  of  two  years,  the  length 
of  the  term  of  the  respective  trustees  to  be  designated  by  the 
Governor  in  making  the  appointments.  Such  appointments  shall 
be  made  by  and  with  the  advice  and  consent  of  the  senate,  when 
the  legislative  assembly  is  in  session;  otherwise  the  trustees 
appointed  shall  qualify  and  hold  office  until  their  successors  are 
appointed  and  qualified.  The  Governor  shall  have  power  to  fill 
all  vacancies  which  may  occur  in  said  board  when  the  legislative 
assembly  is  not  in  session,  and  the  members  of  said  board  shall 
hold  their  office  until  their  successors  are  appointed  and  qualified 
as  provided  herein. 

§  348.  (969.)  ORGANIZATION  OF  BOARD.  QUORUM.]  The 
Governor  shall  cause  to  be  issued  to  each  of  said  trustees  a  com- 
mission, which  shall  be  under  the  great  seal  of  the  State.  At  the 
first  meeting  of  said  board  the  members  thereof  shall  take  and 
subscribe  the  oath  of  office  required  of  all  civil  officers  and  shall 
then  proceed  to  elect  a  president,  secretary  and  treasurer,  but  the 
treasurer  need  not  be  a  member  of  the  board.  A  majority  of  the 
trustees  shall  constitute  a  quorum  for  the  transaction  of  business. 
The  board  shall  require  a  bond  of  its  treasurer  and  fix  the  amount 
thereof. 

§  349.  (970.)  MEETINGS  OF  BOARD.  COMPENSATION.]  The 
board  shall  hold  its  meetings  at  Bathgate  and  fix  the  time  of 
holding  the  same;  provided,  there  shall  not  be  to  exceed  twelve 
regular  meetings  in  each  year.  The  members  of  the  board  shall 
receive  as  compensation  for  their  services  three  dollars  per  day 
for  each  day  employed,  not  to  exceed  twenty-four  days  in  any 
one  year,  and  five  cents  per  mile  for  each  mile  actually  and 
necessarily  traveled  in  attending  the  meetings  of  the  board,  which 
sum  shall  be  paid  out  of  the  State  treasury  on  the  vouchers  of 
said  board;  provided,  that  until  such  time  as  the  legislative 
assembly  shall  make  an  appropriation  for  the  construction  and 
maintenance  of  such  asylum,  or  until  there  shall  be  derived  from 
the  interest  on  the  proceeds  of  sales  of  or  rents  derived  from  the 
thirty  thousand  acres  appropriated  for  this  asylum,  sufficient 
funds  to  construct  and  maintain  such  asylum,  the  sum  of  five 


Il6  GENERAL    SCHOOL    LAWS, 

thousand  dollars,  the  trustees  appointed  under  this  act  shall 
receive  no  compensation  whatever,  nor  shall  they  issue  their 
warrant  upon  the  State  treasury  for  any  purpose  whatever. 

§  35°-  (971-)  PROCEEDS  FROM  LAND  GRANT.]  The  thirty 
thousand  acres  of  land  donated  by  congress  for  the  purpose  of 
such  blind  asylum  and  appropriated  by  the  constitution  of  this 
State  therefor,  and  all  moneys  received  from  the  interest  and 
income  derived  from  the  sales  of  such  lands  or  rents  derived 
from  the  leasing  of  such  lands,  are  hereby  appropriated  for  the 
construction  and  maintenance  of  said  asylum. 

§  351.  (972.)  BY-LAWS  AND  RULES  OF  REGULATION.]  The 
board  shall  direct  the  disposition  of  all  moneys  appropriated  by 
the  legislative  assembly  or  the  interest  on  all  moneys  that  may 
be  derived  from  the  sale,  or  the  rent  derived  from  the  leasing  of 
land  donated  by  congress  to  this  State  and  by  the  constitution  of 
the  State  appropriated  for  such  asylum,  and  shall  have  super- 
vision and  charge  of  the  construction  of  all  buildings  provided 
for  or  authorized  by  law  for  said  asylum.  Said  board  shall  have 
power  to  enact  by-laws  and  rules  for  the  regulation  of  all  its 
concerns  not  inconsistent  with  the  laws  of  this  State,  to  see  that 
its  affairs  are  conducted  in  accordance  with  the  requirements  of 
law;  to  provide  employment  and  instruction  for  the  inmates;  to 
appoint  a  superintendent,  a  steward,  a  matron,  a  teacher  or 
teachers,  and  such  other  officers  as  in  its  judgment  the  wants  of 
the  institution  may  require,  and  prescribe  their  duties;  to  exercise 
a  general  supervision  over  the  institution,  its  officers  and  inmates, 
fix  the  salaries  to  be  paid  to  the  officers  and  to  order  their 
removal,  upon  good  cause. 

§  352-  (973-)  REPORTS,  WHEN  MADE.]  The  board  shall  make 
a  report  to  the  Governor  on  or  before  the  last  Monday  in  Decem- 
ber next  preceding  each  biennal  session  of  the  legislative 
assembly,  containing  a  financial  statement  showing  the  condition 
of  all  funds  appropriated  for  the  asylum;  also  the  money 
expended  and  the  purpose  for  which  the  same  was  expended  in 
detail;  also  showing  the  condition  of  the  institution  generally. 


ARTICLE    XXXI. 

INDUSTRIAL  SCHOOL. 

Section.  Section. 

353.  Location  of  School.  358.     Donations,  How  Disposed  of. 

354.  Appointment  of  Board— Duties— Bond.  359.     Work  on  Building,  When   Commenced. 

355.  Industrial  School  Fund.  360-     Building,  Cost  of. 

356.  Fund  to  be  Kept  Separate.  361.     Grant  of  Site. 

357.  Board  May  Receive   Donations.  362.     Deed  of  Site. 

§  353-  (974-)  LOCATION  OF  SCHOOL.]  The  industrial  school 
as  established  and  located  at  the  City  of  Ellendale  in  Dickey 
county,  shall  continue  to  be  an  industrial  school  and  a  school  for 
manual  training.  Such  school  shall  be  governed  by  a  board  of 


NORTH  DAKOTA. 


trustees  consisting  of  three  members  to  be  appointed  as  pre- 
scribed in  the  next  section. 

§  354-  (975-)  APPOINTMENT  OF  BOARD.  DUTIES.  BOND.] 
At  each  biennial  session  of  the  legislative  assembly,  the  Governor 
shall  nominate,  and,  by  and  with  the  advice  and  consent  of  the 
senate,  appoint  a  board  of  trustees  for  such  school  consisting  of 
three  members,  who  shall  take  charge  and  control  of  all  funds  in 
any  manner  accruing  to  the  benefit  or  for  the  use  of  such  school. 
Each  member  of  such  board  shall  qualify  by  taking  and  subscrib- 
ing the  oath  required  of  other  civil  officers  and  giving  a  bond  in 
such  sum  and  with  such  sureties  as  the  Governor  may  require. 
They  shall  hold  their  office  for  the  term  of  two  years  commencing 
on  the  first  Tuesday  of  April  succeeding  their  appointment  and 
until  their  successors  are  appointed  and  qualified. 

§  355-  (976-)  INDUSTRIAL  SCHOOL  FUND.]  All  funds  arising 
from  the  sale,  lease  or  use  of  the  lands  granted  to  such  school, 
and  the  interest  arising  from  the  use  or  deposit  of  such  funds, 
shall  be  kept  and  maintained  for  the  purpose  of  creating  an 
industrial  school  fund. 

§  356.  (977-)  FUND  TO  BE  KEPT  SEPARATE.]  Such  fund 
shall  be  kept  as  a  separate  fund  by  the  State  Treasurer,  together 
with  its  increase,  and  shall  be  paid  out  only  in  the  manner  herein- 
after provided. 

§  357-  (978-)  BOARD  MAY  RECEIVE  DONATIONS.]  The  board 
shall  have  power  to  receive  all  donations,  gifts  and  bequests  that 
may  be  offered  or  tendered  to  or  for  the  benefit  of  such  school, 
and  shall  on  its  order  expend  the  money  accumulated  for  the 
purposes  herein  provided  for. 

§  35^-  (979-)  DONATIONS,  HOW  DISPOSED  OF.]  The  board 
shall  account  to  the  Governor  at  least  once  in  each  year  for  all 
donations,  gifts  and  bequests  tendered  and  received,  and  all 
moneys  coming  into  the  hands  of  such  board  shall  be  immediately 
covered  into  the  State  treasury  to  the  credit  of  the  industrial 
school  fund. 

§359-  (98°-)  WORK  ON  BUILDING,  WHEN  COMMENCED.]  When- 
ever a  sum  not  less  than  twenty-five  thousand  dollars  shall  have 
accumulated  for  the  benefit  of  such  school,  the  board  may,  after 
advertising  for  at  least  six  weeks  in  a  newspaper  published  at  the 
seat  of  government  and  also  in  the  county  where  such  institution 
is  located,  let  to  the  lowest  responsible  bidder  a  sufficient  amount 
of  work  on  the  building  herein  contemplated  to  exhaust  such 
sum,  and  may  thereafter  do  likewise  with  any  sum  of  not  less  than 
ten  thousand  dollars,  until  further  provision  shall  have  been  made 
by  the  legislative  assembly. 

§  360.  (981.)  BUILDING,  COST  OF.]  Within  two  months  after 
the  appointment  of  the  board  herein  provided  for,  it  shall  meet 
and  determine  the  style,  size  and  material  of  the  building  to  be 
constructed,  but  in  no  case  shall  such  building  cost  when  com- 
pleted a  sum  exceeding  one  hundred  and  fifty  thousand  dollars. 


Il8  GENERAL    SCHOOL    LAWS, 

§  361.  (982.)  GRANT  OF  SITE.]  This  article  shall  become 
the  law  when  a  sit ^  for  the  school  herein  provided  for  shall  have 
been  granted  absolutely  to  the  State  by  the  citizens  of  Ellendale, 
such  site  to  contain  not  less  than  forty  acres,  and  the  selection 
and  approval  of  the  same  shall  be  made  by  the  board  of  trustees. 

§  362.  (983.)  DEED  OF  SITE.]  When  the  site  as  herein  pro- 
vided for  shall  have  been  selected  and  approved,  the  deed  for  the 
same  shall  be  filed  in  the  office  of  the  Secretary  of  State. 

ARTICLE  XXXII. 

LIGNITE  COAL  TO  BE   USED. 

Section. 

363.    -Public  Institutions  to  Use. 

§  363.  (1030.)  PUBLIC  INSTITUTIONS  TO  USE.]  The  various 
State  institutions,  county  buildings  and  public  schools  of  this 
State  shall  use  for  fuel  native  or  lignite  coal,  and  it  shall  be 
unlawful  for  any  officer  to  purchase  for  use  in  such  institutions, 
county  buildings  and  public  schools  any  coal  other  than  that 
taken  from  the  mines  within  the  boundaries  of  this  State.  This 
section  shall  not  be  construed,  however,  as  prohibiting  the  use  of 
wood  at  such  institutions,  county  buildings  and  public  schools, 
when  the  cost  thereof  does  not  exceed  that  of  native  coal. 


NORTH  DAKOTA. 


PART  III— SCHOOL  AND  PUBLIC  LANDS. 


ARTICLE  XXXIII. 


BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS. 


Section. 

364.  Board,  How  Constituted. 

365.  Board,  Powers  of. 

366.  Meetings  of  Board. 

367.  Board  to  Invest  School  Funds,  How. 

368.  Records  to  be  Kept  by  Secretary. 

369.  Treasurer  Custodian  of  Funds. 

370.  Investments— How  Unpaid    Moneys  to  be 

Collected. 

371.  Manner  of  Investing  Permanent  Funds. 
Incidental  Expenses  of  Board,   How   Paid. 
Appropriation  for  Interest. 

Term  of  Office  of  Commissioner. 

Salary  of  Commissioner. 

Deputy  Commissioner. 

Duties  of  Commissioner. 

County  Board  of  Appraisal,  Duties  of. 


372 
373 
374 
375 
376 
377 
378 

379.  Selecting  and  Certifying  Lands  for  Sale. 

380.  Notice  of  Sale  to  be  Published. 

381.  Manner  of  Sale. 

382.  Terms  of  Sale. 

383.  Adjournment  of  Sale. 

384.  Withdrawal  of  Lands  from  Sale. 

385.  County  Auditor  to  Act  as  Clerk  at  Sale. 

386.  Notice    to    Purchaser — Execution   of   Con- 

387.  Sales. 'When  Void. 

388.  Surveys  to  be  Made  When   Necessary. 

389.  Subdividing    Land    into    Small    Tracts    or 

Lots,  When  to  be  Made. 

390.  Sale  of  Lots — New  Appraisal. 

391.  Map  to  be  Entered  of  Record. 

392.  Contracts  of  Purchase — Rights  Under. 

393.  Assignee  of  Purchasers. 

394.  Contracts  May   be   Surrendered   and  Two 

or  More  Issued,  When. 

395.  Contract  Void  on  Failure  to  Pay  Principal, 

Interest  or  Taxes. 

396.  Redemption  Before  Re-Sale. 

397.  Fee  in  State  until  Contract  Fulfilled. 

398.  Recovery  of  Possession. 

399.  Reconveyance  to  the  United  States. 

§  364.  (169.)  BOARD,  HOW  CONSTITUTED.]  The  Governor,  Sec- 
retary of  State,  State  Auditor,  Attorney  General  and  Superinten- 
dent of  Public  Instruction  shall  constitute  the  board  of  university 
and  school  lands.  The  Governor  shall  be  president;  the  Secre- 
tary of  State,  vice-president  and  the  Superintendent  of  Public 
Instruction,  secretary  thereof.  In  the  absence  of  the  Superinten- 
dent of  Public  Instruction  at  any  meeting  of  the  board  the  Deputy 
Superintendent  of  Public  Instruction  shall  act  as  secretary,  but  shall 
not  be  entitled  to  a  vote.  Such  board,  when  acting  as  such,  must 
act  personally;  no  member  can  be  represented  on  such  board  by 
any  assistant  or  clerk. 


Section. 

400.  Patents,  When  to  Issue. 

401.  Patents  to  be  Recorded. 

402.  Taxation  of  Lands  After  Sale — Purchaser 

of  Tax  Certificate. 

403.  Payment  to   County    Treasurer — Duty    of 

Treasurer. 

404.  Bond  of  County  Treasurer — Conditions  of. 

405.  Fees  to  County  Treasurer. 

406.  Duty  of  County  Auditor. 

407.  List  of  Lands  Sold  to  be  Furnished  County 

Treasurer. 

408.  Township     Assessors     to     Examine     State 

Lands. 

409.  Transfer  of  Records  to  Commissioner. 

410.  Permanent  and  General  Funds. 

411.  Quantity  of  Lands  to  be  Sold. 

412.  Lands  Subject  to  Lease. 

413.  Appraisal  for  Lease  by  County  Board. 

414.  Selection  of  Lands  for  Lease. 

415.  Advertisement  for  Leasing. 

416.  Manner    of    Leasing — By    Whom    Made — 

How  Conducted. 

417.  Deposit  by  Bidders — Forfeit  on  Failure   to 

Pay. 

418.  Adjournment  of  Lease. 

419.  Approval  of  Lease  and  Execution  of  Con- 

tract. 

420.  Lessee  not  to  Destroy  Timber. 

421.  Lessee  not  to  Break  Uncultivated  Land. 

422.  Hay  not  to  be  Cut  Before  July  loth. 

423.  Board   May  Grant   Permits   to   Cut   Hay, 

Remove  Timber,  Etc. 

424.  Trespass  Upon  Public  Lands — Civil  Action 

for. 

425.  Willful  Trespass— Penalty. 

426.  Property  to  be  Seized. 

427.  Damages. 

428.  State's  Attorney  to  Prosecute  and  Report. 

429.  Expenses  of  Sale  and  Lease,  How  Paid. 

430.  Appropriation  for  Expenses  of  Board. 


I2O  GENERAL    SCHOOL    LAWS, 

§  365.  (170.)  BOARD,  POWERS  OF.]  Subject  to  the  provisions 
of  article  9  of  the  constitution  and  the  provisions  of  this  article, 
such  board  shall  have  the  full  control  of  the  selecting,  appraise- 
ment, rental,  sale,  disposal  and  management  of  all  school  and 
public  lands  of  the  State,  including  the  real  property  donated  to 
the  Territory  of  Dakota  under  the  provisions  of  chapter  104  of  the 
laws  of  1883,  except  such  as  has  been  sold,  and  the  investment  of 
permanent  funds  derived  from  the  sale  thereof,  or  from  any  other 
source,  and  shall  have  power  to  appoint  a  competent  person  to 
act  as  the  general  agent  of  the  board  in  the  performance  of  all 
its  duties  pertaining  to  the  selection,  sale,  leasing  or  contracting 
in  any  manner  allowed  by  law,  and  the  general  control  and  man- 
agement of  all  matters  relating  to  the  care  and  disposition  of  the 
public  lands  of  the  State,  all  of  whose  official  acts  shall  be  subject 
to  the  approval  and  supervision  of  the  board.  The  title  of  such 
agent  shall  be  Commissioner  of  University  and  School  Lands,  and 
before  entering  upon  his  duties  as  such  he  shall  take  the  oath  pre- 
scribed for  civil  officers  and  give  a  bond  in  the  penal  sum  of  ten 
thousand  dollars,  with  not  less  than  two  sureties,  to  be  approved 
by  the  board,  and  recorded  in  the  office  of  the  Secretary  of  State 
and  filed,  when  recorded,  in  the  office  of  the  State  Treasurer. 

§  366.  (171.)  MEETINGS  OF  BOARD.]  Such  board  shall  meet 
at  the  office  of  the  commissioner  on  the  last  Thursday  of  each 
month,  at  ten  o'clock  in  the  forenoon.  Special  meetings  of  the 
board  may  be  held  at  any  time  at  the  written  call  of  the  president 
or  any  two  members  of  the  board.  Any  three  members  of  the 
board  shall  constitute  a  quorum. 

§  367.  (172.)  BOARD  TO  INVEST  SCHOOL  FUNDS,  HOW.]  Such 
board  shall  have  the  power  and  it  is  made  its  duty  from  time  to 
time  to  invest  any  money  belonging  to  any  of  the  permanent 
funds  of  the  common  schools,  university,  school  of  mines,  reform 
school,  agricultural  college  and  deaf  and  dumb  asylum,  normal 
schools,  and  all  other  permanent  funds  derived  from  the  sale  of 
public  lands  or  from  any  other  source,  in  bonds  of  school  corpor- 
ations within  the  State,  bonds  of  the  United  States,  bonds  of  the 
State  of  North  Dakota,  or  in  first  mortgages  on  farm  lands  in  the 
State,  not  exceeding  in  amount  one-third  of  the  actual  value  of 
any  subdivision  on  which  the  same  may  be  loaned,  such  value  to 
be  determined  by  the  county  board  of  appraisal  of  the  respective 
counties,  but  such  board  shall  not  purchase  or  approve  the  pur- 
chase of  any  bonds  or  mortgages  except  at  a  legal  session  thereof, 
nor  unless  every  member  of  the  board  is  notified  by  the  secretary 
of  said  board  in  time  to  be  present  at  such  meeting,  and  notified 
also  that  the  question  of  purchasing  or  acting  on  a  proposition  for 
the  purchase  of  certain  bonds  or  mortgages  is  to  be  considered 
at  the  meeting,  nor  unless  a  majority  of  all  the  members  vote  in 
favor  of  such  purchase,  and  the  vote  on  the  purchase  of  every 
bond  and  mortgage  shall  be  taken  by  yeas  and  nays  and  shall 
be  duly  recorded  in  the  books  of  the  board. 


NORTH    DAKOTA.  121 


§  368.  (173.)  RECORDS  TO  BE  KEPT  BY  SECRETARY.]  The 
secretary  shall  enter  in  a  suitable  book  kept  for  that  purpose  a 
full  and  correct  record  of  all  the  proceedings  of  said  board  at 
each  session  thereof,  which  record  when  approved  shall  be  signed 
by  the  president  or  presiding  officer  of  the  meeting  and  the  secre- 
tary; he  shall  also  keep  such  other  books  as  may  be  necessary 
properly  to  register  and  describe  all  bonds  and  mortgages  pur- 
chased or  taken  by  it  for  the  benefit  of  any  of  the  permanent 
funds  under  its  control.  Such  books  shall  be  ruled  so  as  to  per- 
mit the  registry  of  the  name  and  residence  of  the  person  offering 
to  sell  any  such  bonds  or  mortgages,  the  district  for  which  such 
offer  is  made,  a  description  of  the  property  covered  by  the  mort- 
gage, and  a  full  and  detailed  description  of  every  bond,  whether 
United  States,  State  or  school  district,  and  the  date,  number, 
series,  amount  and  rate  of  interest  of  each  bond,  and  when  the 
interest  and  principal,  respectively,  are  payable;  and  such  record 
shall  be  made  of  every  such  bond  and  mortgage  before  the  board 
shall  act  upon  the  question  of  purchasing  the  same.  The  secre- 
tary shall  also  keep  in  suitable  books  a  record  showing  a  detailed 
statement  of  the  condition  of  all  the  permanent  funds  under  con- 
trol of  said  board,  the  amount  of  each  fund,  how  invested,  when 
due,  interest  paid  and  any  other  act  in  any  manner  connected 
with  the  management  of  said  funds,  and  shall  biennially  report  all 
such  investments  to  the  Governor,  to  be.laid  before  the  legislative 
assembly.  All  the  records  and  record  books  of  such  board  shall 
at  all  times  be  open  for  inspection  by  the  public. 

§  369.  (174.)  TREASURER  CUSTODIAN  OF  FUNDS.]  All  moneys 
belonging  to  the  permanent  funds  of  the  common  school  and 
other  public  institutions  derived  from  the  sale  of  any  of  the 
public  lands  or  from  any  other  source  shall  be  paid  to  and  held 
by  the  State  Treasurer,  and  be  subject  to  the  order  of  such 
board,  and  shall  be  paid  over  to  the  order  of  the  board  for  invest- 
ment as  provided  in  section  172  of  this  article,  whenever  the 
board  requires  the  same  for  such  investment.  The  State  Treas- 
urer shall  also  be  the  custodian  of  all  bonds,  notes,  mortgages 
and  evidences  of  debt  arising  out  of  the  management  of  the  per- 
manent funds  derived  from  the  sale  of  any  of  the  public  lands 
of  the  State  or  from  any  other  source. 

*  §  370.  (175.)  INVESTMENTS.  How  UNPAID  MONEYS  TO  BE 
COLLECTED.]  It  shall  be  the  duty  of  the  State  Treasurer,  from 
time  to  time  as  the  same  become  due,  to  collect  all  moneys  due 
and  owing  on  any  and  all  of  the  securities  held  by  him  for 
investment  or  for  permanent  funds,  and  from  time  to  time,  when- 
ever required  by  the  board,  to  make  report  of  the  amount  of  such 
collections  to  the  board  and  a  duplicate  of  the  same  to  the  State 
Auditor.  If  any  such  moneys  shall  remain  unpaid  for  thirty 
days  after  the  same  shall  become  due  and  payable,  he  shall  make 
report  in  detail  of  all  such  unpaid  amounts  to  the  Attorney 

S.    L.— 9. 


122  GENERAL    SCHOOL    LAWS, 

General,  whose  duty  it  shall  be  to  proceed  to  collect  the  same  by 
civil  action,  to  be  brought  and  prosecuted  in  the  name  of  the 
State. 

§  371.  (176.)  MANNER  OF  INVESTING  PERMANENT  FUNDS.]  In 
the  investment  of  the  permanent  funds  under  its  control  such 
board  shall  authorize  the  State  Auditor  to  draw  his  warrant  on 
the  State  Treasurer,  payable  out  of  the  proper  fund,  for  the  pur- 
chase of  the  bonds  or  mortgages,  which  warrant,  previous  to 
delivery,  shall  be  registered  by  the  State  Treasurer  in  a  book 
provided  for  that  purpose. 

§  372.  (177.)  INCIDENTAL  EXPENSES  OF  BOARD,  HOW  PAID.] 
The  necessary  incidental  expenses  of  the  board  shall  be  paid  out 
of  the  State  Treasury,  and  upon  satisfactory  vouchers  therefor 
the  State  Auditor  shall  issue  his  warrant  for  the  same. 

§373-  078.)  APPROPRIATION  FOR  INTEREST.]  There  is  hereby 
annually  appropriated  such  sums  as  shall  be  found  necessary  for 
the  expenses  of  purchase,  and  payment  of  accrued  interest  at  the 
time  of  the  purchase,  of  investment  bonds  or  mortgages  for  the 
permanent  funds  under  the  control  of  said  board,  payable  from 
the  respective  fund  for  which  said  purchase  is  made. 

§  374.  (179.)  TERM  OF  OFFICE  OF  COMMISSIONER.]  The  first 
term  of  office  of  the  commissioner  provided  for  in  this  article 
shall  be  for  three  years  from  the  date  of  his  appointment  and 
until  his  successor  is  appointed  and  qualified,  and  after  the 
expiration  of  the  first  term,  all  succeeding  terms  shall  be  two 
years,  and  until  his  successor  is  appointed  and  qualified,  subject 
to  removal  by  the  board.  In  case  of  vacancy  by  death,  removal, 
resignation  or  any  other  cause,  the  board  shall  fill  the  same  by 
appointment. 

§  375-  (180.)  SALARY  OF  COMMISSIONER.]  The  commissioner 
shall  receive  an  annual  salary  of  two  thousand  dollars. 

§  376.  (181.)  DEPUTY  COMMISSIONER.]  By  and  with  the  con- 
sent of  the  board,  the  commissioner  may  appoint  a  chief  clerk, 
who  before  entering  upon  any  of  the  duties  devolving  upon  him 
by  said  appointment  shall  take  and  subscribe  the  oath  of  office 
required  by  law  and  shall  execute  to  the  State  a  bond  with  one 
or  more  sureties  in  the  penal  sum  of  five  thousand  dollars  condi- 
tioned for  the  faithful  discharge  of  his  duties. 

§  377-  (182.)  DUTIES  OF  COMMISSIONER.]  The  commissioner, 
under  such  directions  as  may  be  given  by  the  board  of  university 
and  school  lands,  shall  have  general  charge  and  supervision  of  all 
lands  belonging  to  the  State,  of  all  lands  in  which  the  State  has 
an  interest  or  which  are  held  in  trust  by  the  State.  He  shall 
have  the  custody  of  all  maps,  books  and  papers  relating  to 
any  of  the  public  lands  mentioned  in  this  article.  He  shall 
procure  the  proper  books,  maps  and  plats  in  which  to  keep  a 
complete  record  of  all  lands  owned  or  held  in  trust  by  the  State 
for  schools,  public  buildings  and  for  all  other  purposes,  and  shall 
keep  true  records  of  all  the  sales,  leases,  permits,  patents,  deeds 


NORTH    DAKOTA.  123 


and  other  conveyances  of  such  lands  made  by  the  state,  amount 
of  money  paid,  date  of  sale  and  payment,  description  of  land 
sold  or  leased,  number  of  acres  thereof,  name  of  purchaser  and 
designation  of  the  fund  that  should  be  credited  therewith.  He 
shall  direct  all  appraisements,  sales,  leases;  shall  execute  all 
contracts  of  sale,  leases,  permits  or  other  evidences  of  disposal 
of  the  lands,  subject  to  approval  by  the  board.  Upon  all  con- 
tracts, leases  or  permits  issued  by  the  commissioner  he  shall 
certify  the  book  and  page  where  the  same  is  recorded.  He  shall 
have  an  official  seal  with  a  proper  device  thereon;  and  the  seal  of 
the  commissioner  affixed  to  any  contract  of  purchase,  receipts  or 
other  instruments  issued  by  him,  duly  countersigned  by  him  as 
approved  by  the  board,  according  to  the  provisions  of  this  article, 
is  prima  facie  evidence  of  the  due  execution  of  such  contract  or 
other  paper.  He  shall  biennially  report  to  the  legislative  assem- 
bly through  the  board  his  work  during  the  preceding  term, 
showing  the  quantity  of  lands  sold  or  leased,  and  the  amount 
received  therefor,  the  amount  of  interest  moneys  received  to  the 
credit  of  the  several  funds,  expense  of  administration  of  his 
department,  and  all  such  other  matters  relating  to  his  office  as 
shall  be  necessary. 

§378.  (183.)  COUNTY  BOARD  OF  APPRAISAL,  DUTIES  OF.]  The 
county  superintendent  of  schools,  the  chairman  of  the  board  of 
county  commissioners  and  the  county  auditor  of  each  county 
shall  constitute  the  "  County  Board  of  Appraisers"  of  the  public 
lands  of  the  state  in  and  for  their  county.  The  county  board  of 
appraisal  in  each  county  shall  upon  the  request  of  the  board  of 
university  and  school  lands,  designate  on  or  before  such  date  as 
it  may  specify,  the  public  lands  of  the  State  in  their  county,  that 
in  its  judgment  can  be  sold  for  ten  dollars  an  acre  or  upwards  on 
the  terms  prescribed  in  this  article,  designating  the  tracts 
separately  and  giving  an  approximate  estimate  of  their  selling 
value.  Thereupon  the  commissioner  shall,  if  so  ordered  by  the 
board  of  university  and  school  lands,  prepare  a  list  and  order  an 
appraisal  of  such  lands  as  shall  be  designated  in  such  list,  and  it 
is  made  the  duty  of  such  board  of  appraisers  within  ten  days 
after  the  receipt  of  such  list  to  examine  such  lands  and  appraise 
them  at  their  cash  value,  as  nearly  as  cart  be  determined,  describ- 
ing each  tract  or  subdivision  in  parcels  not  greater  than  one 
hundred  and  sixty  acres,  more  or  less,  according  to  the  govern- 
ment survey,  and  in  smaller  subdivisions  thereof  if  so  listed  by 
the  commissioners,  and  set  opposite  each  described  tract  or 
parcel  of  land  the  appraised  value  per  acre  thereof;  and  when 
such  appraisal  is  completed,  which  shall  not  be  later  than  thirty 
days  after  the  receipt  of  the  order  directing  it,  the  county  board 
of  appraisers,  or  the  members  of  the  same  who  made  such 
appraisement,  shall  certify  to  its  correctness,  and  make  duplicate 
copies  thereof,  one  of  which  shall  be  forwarded  immediately  to 
the  board  of  university  and  school  lands,  and  the  other  filed  in 


124  GENERAL    SCHOOL    LAWS, 

the  office  of  the  county  auditor  for  reference.  And  in  addition 
to  the  appraisal  of  such  lands  the  county  board  of  appraisal 
shall  furnish  such  other  information  regarding  the  lands  as  may 
be  required  by  the  commissioner  in  the  manner  and  form  pre- 
scribed by  him.  The  report  of  such  appraisal  shall  be  verified 
by  each  of  such  appraisers  and  shall  disclose  any  interest,  real  or 
contingent,  that  any  of  such  appraisers  has  in  any  of  the  lands 
or  improvements  so  appraised.  Any  appraiser  who  willfully 
makes  any  false  statement  in  such  report,  relative  to  such  interest 
in  any  of  the  lands  so  appraised,  or  improvements  thereon,  shall 
be  deemed  guilty  of  a  misdemeanor.  For  all  services  performed 
under  the  requirements  of  this  article  the  appraisers  shall  be  paid 
at  the  rate  of  three  dollars  per  day  and  actual  traveling  expenses, 
upon  vouchers  approved  by  the  secretary  of  the  board  of 
university  and  school  lands  to  be  paid  by  the  State  Treasurer 
upon  warrants  issued  by  the  State  Auditor. 

§  379.  (184.)  SELECTING  AND  CERTIFYING  LANDS  FOR  SALE.] 
The  commissioner  shall  from  the  list  of  lands  so  appraised  and 
reported  by  the  county  board  of  appraisers  select  all  such  tracts 
as  have  been  appraised  at  ten  dollars  per  acre  and  upwards,  and 
upon  approval  of  such  selections  by  the  board  of  university  and 
school  lands  shall  make  and  certify  to  the  county  auditors  the  list 
of  lands  in  their  respective  counties  that  are  offered  for  sale,  and 
when  transmitting  such  list  shall  designate  the  day  and  hour  for 
the  sale  thereof;  provided,  that  such  sales  shall  take  place  only 
between  the  hours  of  ten  o'clock  A.  M.  and  five  o'clock  p.  M.  and 
to  be  continued  from  day  to  day  until  all  the  lands  advertised  for 
sale  shall  have  been  sold  or  offered  for  sale,  except  that  adjourn- 
ments may  be  made  for  any  intervening  Sunday  o-r  legal  holiday. 

§  380.  (185.)  NOTICE  OF  SALE  TO  BE  PUBLISHED.]  The 
county  auditor  shall  immediately,  on  receipt  of  the  list  of  lands 
mentioned  in  the  preceding  section,  cause  to  be  published  in  a 
paper  designated  by  the  county  board  of  appraisers,  as  prescribed 
by  section  158  of  the  constitution,  a  notice  of  such  sale,  with  the 
list  of  lands  properly  described,  that  are  to  be  offered  for  sale, 
together  with  the  appraised  value  thereof  and  the  terms  and 
conditions  of  sale.  The  board  of  university  and  school  lands 
shall  also  publish  notices  of  all  sales  for  the  same  length  of  time 
in  one  newspaper  published  at  the  seat  of  government. 

§  381.  (186.)  MANNER  OF  SALE.]  On  the  day  and  hour 
appointed  for  such  sale  the  commissioner,  except  as  hereinafter 
provided,  shall  proceed  to  sell  or  offer  for  sale  at  public  auction 
to  the  highest  bidder,  at  the  court  house  or  at  the  place  where 
the  terms  of  the  district  court  are  held,  of  the  county  where  the 
lands  are  situated,  the  lands  so  advertised,  offering  them  for  sale 
and  selling  in  the  order  in  which  they  occur  in  the  advertisement 
for  sale.  Such  lands  as  have  not  been  specially  subdivided  shall 
be  offered  in  tracts  of  one-quarter  section,  according  to  the  sub- 
divisions thereof  by*'the  United  States  survey,  and  those  so 


NORTH    DAKOTA.  125 


subdivided  in  the  smallest  divisions  thereof.  No  tract  shall  be 
sold  for  less  than  its  appraised  value,  and  in  no  case  for  less  than 
ten  dollars  an  acre.  Whenever  the  commissioner  cannot  attend 
the  sale  in  person  such  sale  may  be  made  by  the  deputy  land 
commissioner  or  any  other  person  designated  and  authorized  by 
the  board  of  university  and  school  lands. 

§  382.  (187.)  TERMS  OF  SALE.]  Each  tract  of  land  shall  be 
sold  upon  the  following  terms:  The  purchaser  shall  pay  one-fifth 
of  the  price  in  cash  at  the  time  of  sale,  and  the  remaining  four- 
fifths  as  follows:  One-fifth  in  five  years,  one-fifth  in  ten  years, 
one-fifth  in  fifteen  years  and  one-fifth  in  twenty  years,  with 
interest  at  six  per  cent  per  annum  on  all  the  unpaid  principal, 
annually  in  advance.  The  highest  bidder  for  any  offered  tract 
shall  be  declared  the  purchaser  thereof,  and  shall  immediately 
pay  over  to  the  county  treasurer  the  amount  of  one-fifth  of  the 
purchase  price  as  specified  in  the  terms  of  sale.  In  case  the 
purchaser  fails  to  pay  the  amount  so  required  to  be  paid  at  the 
time  of  such  sale,  such  commissioner  or  whoever  may  be  con- 
ducting the  sale,  shall  immediately  re-offer  such  lands  for  sale, 
but  no  bids  shall  be  received  from  the  person  so  failing  to  pay  as 
aforesaid;  and  the  person  refusing  or  neglecting  to  make  such 
payment  shall  forfeit  the  sum  of  one  hundred  dollars  for  each 
tract  so  purchased  by  him. 

§  383.  (188.)  ADJOURNMENT  OF  SALE.]  No  adjournment  of 
the  sale  can  be  made  after  its  opening,  except  as  provided  in 
section  184  of  this  article,  but,  when  the  interest  of  the  State  will 
be  subserved  thereby,  the  board  of  university  and  school  lands 
may,  at  any  time  not  less  than  two  weeks  preceding  the  dates 
fixed  for  opening  such  sale,  make  an  order  postponing  the  same 
to  such  date  as  may  be  fixed  in  such  order,  which  shall  not  be 
more  than  sixty  days,  giving  due  notice  of  the  same  to  the 
county  auditor,  who  shall  publish  such  notice  of  adjournment  and 
the  day  fixed  for  the  same,  for  two  successive  weeks  in  the  same 
papers  in  which  the  notice  of  sale  is  published;  but  the  adjourn- 
ment of  any  sale  shall  not  require  continued  publication  of  the 
list  of  lands  beyond  the  time  specified  in  this  article  for  such 
publication. 

§  384.  (189.)  WITHDRAWAL  OF  LANDS  FROM  SALE.]  The 
board  of  university  and  school  lands  may,  in  its  discretion,  on  or 
before  the  day  of  sale,  withdraw  any  or  all  lands  that  may  have 
been  advertised  for  sale  or  included  in  any  list  to  be  offered  in 
any  county,  and  upon  such  withdrawal  shall  notify  the  auditor  of 
such  county,  specifying  the  lands  included  in  such  notice  of  with- 
drawal, who  shall  thereupon  strike  such  lands  from  the  lists  in 
his  office,  and  public  notice  of  withdrawal  shall  be  given  at  the 
day  of  sale  before  any  such  lands  are  offered. 
?-§  385-  (19°-)  COUNTY  AUDITOR  TO  ACT  AS  CLERK  AT  SALE. 
APPROVAL  OF  SALE.]  The  county  auditor  shall  act  as  clerk  of 
all  land  sales  and  leases  made  in  his  county,  and  it  shall  be  his 


126  GENERAL    SCHOOL    LAWS, 

duty  within  five  days  after  sucn  sale  or  lease  shall  have  been  con- 
cluded to  certify  to  the  board  of  university  and  school  lands  a 
list  of  lands  sold  or  leased  as  provided  in  this  article,  with  the 
price  thereof  and  the  name  of  the  purchaser  or  lessee  of  such 
tract,  the  amount  for  which  the  lands  are  sold  or  leased,  the 
amount  of  money  paid  by  such  purchaser,  and  the  amount  of 
principal  remaining  unpaid,  and  the  board  of  university  and 
school  lands  shall  approve  and  confirm  the  sale  or  lease  of  every 
such  tract,  as  upon  examination  of  such  certified  lists  and  such 
further  information  and  investigation  as  shall  be  deemed  neces- 
sary, shall  be  found  to  have  been  sold  or  leased  in  accordance 
with  the  law  and  without  fraud  or  collusion.  For  the  services 
imposed  by  this  article  the  county  auditor  shall  be  allowed  the 
sum  of  three  dollars  per  day  for  each  and  every  day  so  engaged, 
to  be  paid  out  of  any  appropriation  for  the  expenses  of  appraisal 
and  sale  of  public  lands. 

§  386.  (191.)  NOTICE  TO  PURCHASER.  EXECUTION  OF  CON- 
TRACT.] Immediately  upon  approval  of  the  sales  by  the  board 
of  university  and  school  lands,  the  secretary  of  such  board  shall 
prepare  and  certify  a  list  of  said  approved  sales  to  the  commis- 
sioner, who  shall  without  delay  execute  duplicate  contracts  in  the 
form  prescribed  by  the  board,  and  forward  the  same  to  the  county 
auditor  of  the  county  where  the  land  was  sold,  whereupon  it  is 
made  the  duty  of  the  county  auditor  to  notify  each  purchaser  in 
writing  of  the  approval  of  the  sale  to  him,  and  to  appear  within 
ten  days  after  the  date  of  such  notice  and  pay  the  county  treas- 
urer the  amount  of  interest  on  the  deferred  payments  as  specified 
in  the  contract  and  execute  the  contracts  of  sale,  and  a  failure  so 
to  appear  and  execute  such  contract  shall  act  as  a  forfeiture  of 
the  payment  made  by  the  purchaser  at  the  sale.  When  the 
contracts  are  properly  executed  by  the  purchaser  and  the  amount 
of  money  due  thereon  shall  have  been  paid  to  the  county  treas- 
urer the  copy  marked  duplicate  shall  be  delivered  to  him  and  the 
original  returned  to  the  land  commissioner,  and  each  contract  so 
returned  fully  executed  shall  have  on  its  face  in  the  place  noted 
for  such  purpose  the  notation  of  the  date  of  delivery  to  the.  pur- 
chaser, and  all  contracts  not  executed  by  the  purchaser  shall  be 
returned  to  the  land  commissioner  with  a  written  statement 
thereon  of  the  reason  for  such  return. 

§  387.  (JQ2-)  SALES,  WHEN  VOID.]  Any  sale  made  by  mis- 
take, or  not  in  accordance  with  law,  or  obtained  by  fraud,  shall 
be  void,  and  the  contract  of  purchase  issued  thereon  shall  be  of 
no  effect;  but  the  holder  of  such  contract  shall  be  required  to 
surrender  the  same  to  the  board  of  university  and  school  lands, 
who  shall,  except  in  case  of  fraud  on  the  part  of  the  purchaser, 
cause  the  money  to  be  refunded  to  the  holder  thereof. 

§  388.  (193.)  SURVEYS  TO  BE  MADE  WHEN  NECESSARY.]  When- 
ever it  appears  to  the  board  of  university  and  school  lands  neces- 
sary in  order  to  ascertain  the  true  boundaries  of  any  tracts  or 


NORTH  DAKOTA.  127 


portions  of  lands,  or  to  enable  the  commissioner  to  describe  or 
dispose  of  the  same  in  suitable  and  convenient  lots,  it  may  order 
all  such  necessary  surveys  to  be  made  and, the  expenses  shall  be 
paid  out  of  the  State  treasury  as  other  incidental  expenses  of  the 
board  of  university  and  school  lands  are  paid. 

§  389.  (IQ4-)  SUBDIVIDING  LAND  INTO  SMALL  TRACTS  OR  LOTS, 
WHEN  TO  BE  MADE.]  Whenever  in  the  opinion  of  the  board  of 
university  and  school  lands  the  interests  of  the  State  will  be  pro- 
moted by  laying  off  any  portion  of  the  land  under  its  control 
into  small  parcels  or  city,  town  or  village  lots,  the  board  may 
order  such  commissioner  to  cause  the  same  to  be  done,  and  have 
the  same  appraised  in  the  same  manner  as  hereinbefore  pre- 
scribed. 

$  390.  (195.)  SALE  OF  LOTS.  NEW  APPRAISAL.]  All  parcels 
or  lots  so  appraised  shall  be  subject  to  sale  in  the  same  manner 
and  upon  the  same  terms  and  conditions  and  the  contract  of 
purchase  shall  have  the  same  effect,  as  in  the  case  of  other  lands 
for  which  provision  is  made  in  this  article,  and  at  the  prices  at 
which  the  same  are  severally  appraised,  until  a  new  appraisal  is 
made,  which  the  board  of  university  and  school  lands  may  in  its 
discretion  order  at  any  time,  in  the  manner  aforesaid,  and  with 
the  like  effect;  but  no  lots  or  parcels  so  appraised  shall  be  sold 
for  less  than  the  minimum  price  of  said  land,  established  in  this 
article. 

§  391.  (196.)  MAP  TO  BE  ENTERED  OF  RECORD.]  When- 
ever the  commissioner  shall  lay  off  any  tract  of  land  into  small 
parcels  or  lots,  as  provided  in  this  article,  he  shall  cause  a  correct 
map  of  the  same  to  be  entered  of  record  in  the  county  where  said 
lands  are  situated. 

§  392.  (197.)  CONTRACTS  OF  PURCHASE.  RIGHTS  UNDER.] 
Contracts  of  purchase,  issued  pursuant  to  the  provisions  of  law, 
entitle  the  purchaser,  his  heirs  or  assigns,  to  the  possession  of  the 
lands  therein  described,  to  maintain  actions  for  injuries  done  to 
the  same,  or  any  action  or  proceeding  to  recover  possession 
thereof,  unless  such  contract  has  become  void  by  forfeiture;  and 
all  contracts  of  purchase  in  force  may  be  recorded  in  the  same 
manner  that  deeds  of  conveyance  are  authorized  to  be  recorded. 

§  393-  (*98.)  ASSIGNEE  OF  PURCHASERS.]  Each  assignee  of 
a  bona  fide  purchaser  of  any  of  the  lands  mentioned  in  this 
article  is  subject  to  and  governed  by  the  provisions  of  law  appli- 
cable to  the  purchaser  of  whom  he  is  assignee;  and  he  shall  have 
the  same  rights  in  all  respects  as  an  original  purchaser  of  the 
same  class  of  lands. 

§  394.  (199.)  CONTRACTS  MAY  BE  SURRENDERED  AND  TWO  OR 
MORE  ISSUED,  WHEN.]  Whenever  the  holder  of  any  contract  of 
purchase  of  any  State  or  school  land  shall  surrender  the  same  to 
the  commissioner  with  a  request  to  have  the  same  divided  into 
two  or  more  contracts,  it  shall  be  lawful  for  the  commissioner  to 
issue  the  same;  provided,  that  the  proposed  subdivision  shall  be 


128  GENERAL   SCHOOL    LAWS, 

only  in  the  smallest  of  the  regular  government  or  State  subdivi- 
sions; and,  provided,  that  no  new  contracts  shall  issue  while  there 
is  due  and  unpaid  any  interest,  principal  or  taxes  on  the  principal 
contract  of  sale,  nor  in  any  case  where  the  commissioner  shall  be 
of  the  opinion  after  an  examination  of  the  lands,  if  necessary, 
that  the  security  would  be  impaired  and  endangered  by  the  pro- 
posed division,  nor  until  such  proposed  change  shall  have  the 
approval  of  the  board  of  university  and  school  lands,  and  for  all 
such  new  certificates  a  fee  of  five  dollars  for  each  certificate  so 
issued  shall  be  paid  by  the  applicant,  which  fee  shall  be  paid  into 
the  State  treasury  and  become  a  part  of  the  expense  fund  of  the 
board  of  university  and  school  lands. 

§  395.  (200.)  CONTRACT  VOID  ON  FAILURE  TO  PAY  PRINCIPAL, 
INTEREST  OR  TAXES.]  In  case  the  annual  interest  due  on  the 
first  day  of  January  in  any  year  shall  not  be  paid  within  ten  days 
thereafter  by  the  purchaser  or  by  any  person  claiming  under  him, 
the  contract  shall,  from  the  time  of  such  failure,  be  void.  In  case 
any  installment  on  the  purchase  price  shall  not  be  paid  within 
ten  days  after  the  same  becomes  due  by  the  provisions  of  con- 
tract of  sale,  the  contract,  from  the  time  of  such  failure  shall  be 
void.  And  in  case  any  of  the  taxes  assessed  against  the  lands 
described  in  any  contract  of  sale  for  any  year  as  provided  for  in 
this  article  shall  remain  unpaid  on  the  second  Monday  of  October 
of  the  following  year,  the  contract  shall  be  void.  And  in  all 
cases  where  any  contract  becomes  void  by  reason  of  failure  to 
make  the  payments  required  by  the  contract  and  the  terms  of  this 
section,  it  shall  be  the  duty  of  the  board  of  university  and  school 
lands  to  declare  such  contract  of  sale  void,  and  notify  the  holder 
thereof  of  such  declaration  by  written  notice  mailed  to  his  post 
office  address  and  to  send  a  duplicate  copy  thereof  to  the  auditor 
of  the  county  in  which  such  land  is  situated,  and  to  order  the 
commissioner  to  take  possession  of  the  land  described  in  such 
contract. 

§  396.  (201.)  REDEMPTION  BEFORE  RE-SALE.]  In  all  cases 
where  the  rights  of  a  purchaser,  his  heirs  or  assigns,  become  for- 
feited under  the  provisions  of  this  article',  by  failing  to  pay  the 
amounts  required,  such  purchaser,  his  heirs  or  assigns,  may,  before 
the  re-sale  at  public  auction  of  the  lands  described  in  such  con- 
tract, pay  to  the  State  treasury  the  amount  of  interest  due  and 
payable  on  such  contract,  and  all  costs  which  have  been  incurred 
in  addition  thereto,  together  with  interest  at  the  rate  of  twelve 
per  cent  per  annum  on  the  interest  and  costs  so  due  from  the  date 
of  delinquency  to  the  date  of  payment,  and  such  payment  shall 
operate  as  a  redemption  of  the  rights  of  such  purchaser,  his  heirs 
or  assigns,  and  such  contract  from  the  time  of  such  payment  shall 
be  in  full  force  and  effect,  as  if  no  forfeiture  had  occurred; 
provided,  that  after  the  rights  of  a  purchaser,  his  heirs  or  assigns 
shall  have  become  forfeited  under  the  provisions  of  this  article, 
the  board  of  university  and  school  lands  shall  have  the  power, 


NORTH    DAKOTA.  I2Q 


and  it  is  hereby  made  their  duty  to  provide  for  the  re-sale  of  said 
land  so  forfeited  if  in  their  opinion  a  re-sale  of  said  land  shall  be 
most  advantageous  to  the  State,  otherwise  the  said  board  shall 
provide  for  the  leasing  of  said  land  from  year  to  year  as  herein 
provided,  and  after  a  lease  of  said  land  shall  be  made  by  said 
board,  the  lessee,  his  heirs  and  assigns,  shall  be  entitled  to  the 
full  and  absolute  possession  of  all  of  said  lands  and  premises  so 
leased. 

i :  §  397-  (202.)  FEE  IN  STATE  UNTIL  CONTRACT  FULFILLED.] 
The  fee  of  each  parcel  of  such  lands  shall  be  and  remain  in  the 
state  until  the  patents  hereinafter  provided  for  are  issued  for  the 
same  respectively,  and  no  patent  shall  issue  until  full  payment  of 
all  sums  and  full  compliance  with  all  the  conditions  of  the 
contract  of  purchase,  and  in  case  of  non-compliance  by  the  pur- 
chaser, his  heirs  or  assigns,  with  the  terms  of  the  contract  as 
aforesaid,  or  with  the  provisions  of  law  applicable  thereto,  any 
and  all  persons  being  or  continuing  in  possession  of  any  such 
lands  after  a  failure  to  comply  with  the  terms  of  the  contract  as 
aforesaid,  or  with  such  provisions  of  law,  as  aforesaid,  without  a 
written  permission  of  the  commissioner,  shall  be  deemed  and 
held  to  detain  such  land  forcibly  and  without  right,  and  to  be 
trespassers  thereon. 

§  398.  (203.)  RECOVERY  OF  POSSESSION.]  In  case  any  person 
holds  or  continues  in  possession  of  any  of  the  land  mentioned  in 
this  article,  contrary  to  the  conditions  or  covenants  of  any  lease 
or  written  agreement,  he  shall  be  liable  to  an  action  of  forcible 
detainer,  or  any  other  proper  action  for  the  recovery  of  posses- 
sion of  such  lands  and  damages  for  detention  of  the  same. 

§  399.  (204.)  RECONVEYANCE  TO  THE  UNITED  STATES.]  In 
all  cases  where  lands  have  been  erroneously  or  improperly  certi- 
fied or  conveyed  to  the  State  of  North  Dakota  for  school  or 
other  purposes  by  the  United  States,  the  Governor  of  the  State  is 
authorized  to  reconvey  or  relinquish  by  the  execution,  under  his 
hand  and  the  seal  of  the  State,  of  such  conveyances  as  will  be 
necessary  to  convey  or  relinquish  the  title  which  the  State  may 
have  to  such  lands. 

§  400.  (205.)  PATENTS,  WHEN  TO  ISSUE.]  When  any  land 
sold  under  the  provisions  of  this  article  has  been  fully  paid  for, 
and  all  terms  of  the  contract  of  purchase  fully  complied  with,  the 
board  of  university  and  school  lands  shall  so  certify  to  the 
Governor,  who  shall  thereupon  issue  to  the  purchaser  thereof,  his 
heirs  or  assigns,  a  patent  conveying  the  title  of  the  State  to  such 
land,  and  the  Governor  shall  in  like  manner  issue  a  patent  to  any 
purchaser  of  the  rights,  title  and  interest  of  the  original  pur- 
chaser, his  heirs  or  assigns,  acquired  by  any  execution  sale.  All 
such  patents  shall  be  signed  by  the  Governor  and  attested  by  the 
Secretary  of  State  with  the  great  seal  of  the  State  of  North 
Dakota,  and  shall  be  countersigned  by  the  board  of  university 
and  school  lands  with  the  seal  of  the  secretary  of  said  board. 


130  GENERAL    SCHOOL    LAWS, 

§  401.  (206.)  PATENTS  TO  BE  RECORDED.]  The  registers  of 
deeds  of  the  several  counties  of  this  State  are  authorized  to 
record  all  patents  issued  by  the  Governor  pursuant  to  the 
provisions  of  this  article;  and  the  records  thereof  shall  have  the 
same  effect  as  the  record  of  other  conveyances  executed  accord- 
ing to  the  laws  of  this  State. 

§  402.  (207.)  TAXATION  OF  LANDS  AFTER  SALE.  PURCHASER 
OF  TAX  CERTIFICATE.]  The  commissioner  shall,  as  soon  as  possi- 
ble after  a  sale  of  lands,  transmit  to  the  auditor  of  each  county, 
in  which  any  lands  mentioned  in  this  article  have  been  sold,  a 
detailed  description  of  each  parcel  of  the  land  so  sold  and  the 
names  of  the  purchasers,  and  the  auditor  shall  extend  the  same 
upon  his  tax  duplicate  for  the  purpose  of  taxation,  and  the  same 
shall  thereupon  become  subject  to  taxation  the  same  as  other 
lands,  and  the  taxes  assessed  thereon,  collected  and  enforced  in 
like  manner  as  against  other  lands;  provided,  however,  that  the 
purchaser  at  tax  sale  of  any  such  lands  sold  for  delinquent  taxes 
shall  only  acquire  by  virtue  of  such  purchase  such  rights  and 
interest  as  belong  to  the  holder  and  owner  of  the  contract  of  sale 
issued  by  such  commissioner  under  the  provisions  of  this  article, 
and  the  right  to  be  substituted  in  the  place  of  such  holder  and 
owner  of  such  contract  of  sale,  as  the  assignee  thereof;  and  upon 
the  production  to  the  proper  officer  of  the  tax  certificate  given 
upon  such  tax  sale,  in  case  such  lands  have  not  been  redeemed, 
such  tax  purchaser  shall  have  the  right  to  make  any  payment  of 
principal  or  interest  then  in  default  upon  such  contract  of  sale,  as 
the  assignee  thereof. 

§  403.  (208.)  PAYMENT  TO  COUNTY  TREASURER.  DUTY  OF 
TREASURER.]  The  purchaser  of  any  land  mentioned  in  this 
article,  or  his  assigns,  may  pay  to  the  county  treasurer  of  the 
county  in  which  such  land  lies  any  amount  which  may  be  due 
from  time  to  time  on  the  contract,  either  for  principal,  interest, 
rents  or  penalty,  and  for  the  amounts  so  paid  the  county 
treasurer  shall  give  to  such  person  a  duplicate  receipt  specifying 
the  amount  paid,  date  of  payment,  whether  for  principal,  interest 
or  penalty,  and  the  fund  to  which  it  is  applicable,  the  number  of 
the  contract,  the  name  of  the  original  purchaser  of  the  land,  or 
the  assignee  thereof,  which  receipt  shall  be  countersigned  by  the 
auditor  of  said  county,  and  have  the  same  force  and  effect  as  if 
given  by  the  State  Treasurer.  All  moneys  received  by  the 
county  treasurer,  under  the  provisions  of  this  article,  shall  be  held 
at  all  times  subject  to  the  order  and  direction  of  the  State 
Treasurer  for  the  benefit  of  the  funds  to  which  the  moneys 
respectively  belong;  and  during  the  months  of  January,  March, 
June  and  October  of  each  year,  and  such  other  times  as  he  may 
be  requested  so  to  do  by  the  State  Treasurer,  he  shall  pay  into 
the  State  treasury  all  moneys  received  on  account  of  such  funds 
since  the  last  payment  he  may  have  made. 


NORTH  DAKOTA. 


§    404.       (2O9.)       BOND  OF  COUNTY  TREASURER.       CONDITIONS  OF.] 

The  bond  of  each  county  treasurer  shall  be  conditioned  for  the 
honest  and  faithful  discharge  of  all  trusts  and  responsibility 
imposed  by  this  article,  and  for  the  faithful  payment  of  and 
accounting  for  all  moneys  received  by  him  under  the  provisions 
of  this  article  to  the  State  Treasurer  or  any  other  person  entitled 
to  receive  the  same,  and  the  board  of  university  and  school  lands 
shall  on  or  before  the  first  day  of  January,  following  any  election 
for  county  officers,  certify  to  the  chairman  of  the  board  of  county 
commissioners  of  each  county  the  amount  of  money  liable  to 
come  into  the  hands  of  the  treasurer  of  the  county  under  the 
provisions  of  this  article,  and  the  board  of  county  commissioners 
shall  add  to  the  amount  of  the  sum  required  on  his  regular 
official  bond  to  the  county  double  the  sum  so  certified  by  the 
board  of  university  and  school  lands,  and  the  record  of  the  pro- 
ceedings of  such  board  of  county  commissioners  when  fixing  the 
amount  of  such  bond  shall  specify  in  two  separate  items  the 
aggregate  amount  of  the  bond  so  made  up,  designating  one  sum  as 
the  amount  to  indemnify  the  county,  and  the  other  to  indemnify 
the  State  for  any  losses  incurred  by  reason  of  failure  to  comply 
with  the  provisions  of  all  laws  regulating  his  duty. 

§  405.  (210.)  FEES  TO  COUNTY  TREASURER.]  County  treas- 
urers shall  be  entitled  to  a  fee  of  one-half  of  one  per  cent  on 
each  dollar  collected  or  received  and  remitted  by  them  in  pay- 
ment of  principal  or  interest,  fines,  penalties  and  damages  on 
State  lands,  which  fee  shall  be  payable  from  the  general  fund  of 
the  class  of  lands  on  which  payment  is  made  to  such  treasurer, 
and  such  fee  shall  be  paid  to  the  county  treasurer  on  vouchers 
countersigned  by  the  county  auditor  and  approved  by  the 
commissioner  of  university  and  school  lands  and  such  approved 
vouchers  shall  be  paid  out  of  any  appropriation  for  the  expenses 
of  appraisement  and  sale  of  such  lands. 

§406.  (211.)  DUTY  OF  COUNTY  AUDITOR.]  The  county  auditor 
shall,  at  the  time  he  is  required  by  law  to  return  abstracts  of 
settlement  to  the  State  Auditor,  also  forward  all  duplicate 
receipts  of  principal,  interest  or  penalty  on  State  lands,  with  a 
certified  statement  of  such  collections  by  the  county  treasurer, 
specifying  the  amount  of  each  item;  and  he  shall  also  make  such 
return  at  any  other  time  as  may  be  required  by  the  board  of 
university  and  school  lands. 

§  407.   (212.)   LlST  OF  LANDS  SOLD  TO  BE  FURNISHED  COUNTY 

TREASURER.]  On  or  before  the  first  day  of  December  in  each  year 
the  commissioner  shall  cause  to  be  made  out  and  transmitted  to 
county  treasurers  a  statement  showing  the  lands  sold  in  their 
respective  counties,  the  number  of  the  contracts  of  purchase,  the 
name  of  the  person  to  whom  each  contract  was  issued,  and  the 
amount  of  both  principal  and  interest  due  on  each  on  the  first  day 
of  January,  together  with  such  directions,  instructions  and  blanks 


132  GENERAL    SCHOOL^LAWS, 

as  shall  enable  the  county  treasurers  to  carry  out  the  provisions 
of  this  article. 

§  408.  (213.)  TOWNSHIP  ASSESSORS  TO  EXAMINE  STATE  LANDS.] 
It  shall  be  the  duty  of  all  township  and  district  assessors,  when- 
ever required  by  the  commissioner  to  examine  and  report  on  any 
lands  designated  to  them  by  him,  in  the  manner  and  form  pre- 
scribed by  him,  and  for  such  examination  they  shall  be  paid  at 
the  rate  of  three  dollars  per  day  for  time  actually  engaged,  upon 
vouchers  approved  by  the  commissioner. 

§  409.  (214.)  TRANSFER  OF  RECORDS  TO  COMMISSIONER.]  All 
abstracts  and  conveyances  of  title  to  the  State  of  North  Dakota 
whether  the  said  lands  are  held  for  penal,  educational,  charitable, 
school  or  other  purposes,  shall  be,  by  those  in  whose  charge  such 
conveyances  now  are  or  may  come,  deposited  with  and  remain  in 
the  control  of  the  commissioner  of  university  and  school  lands. 

§  410.  (215.)  PERMANENT  AND  GENERAL  FUNDS.]  The  prin- 
cipal accruing  from  all  sales  of  school,  university  or  other  State 
lands  under  the  control  of  the  board  of  university  and  school 
lands,  as  provided  for  in  this  article,  shall  become  a  part  of  the 
several  permanent  funds  to  which  they  respectively  belong 
and  shall  not  be  reduced  by  any  means  whatever.  All  moneys 
received  as  interest,  for  rents,  penalties,  permits  or  from  any 
source  other  than  from  the  principal  of  sales  shall  become  a  part 
of  the  general  or  current  funds  to  which  they  respectively  belong 
and  shall  be  distributed  as  directed  by  law. 

§  411.  (216.)  QUANTITY  OF  LANDS  TO  BE  SOLD.]  No  more 
than  one-fourth  of  the  common  school  lands  of  the  State  shall  be 
sold  within  the  first  five  years  after  they  become  salable  under  the 
provisions  of  section  155  of  the  constitution,  nor  more  than  one- 
half  of  the  remainder  within  ten  years  after  the  same  become 
salable  as  aforesaid.  The  residue  may  be  sold  at  any  time  after 
the  expiration  of  such  ten  years;  provided,  however,  that  the  coal 
lands  of  the  State  shall  not  be  sold,  but  may  be  leased  under  the 
provisions  of  any  law  governing  such  leases.  The  words  "coal 
lands"  include  lands  bearing  lignite  coal. 

§  412.  (217.)  LANDS  SUBJECT  TO  LEASE.]  All  the  common 
school  lands  and  all  other  public  lands  of  the  State  that  are  not 
of  such  value  as  will  admit  of  appraisal  at  ten  dollars  or  more 
per  acre,  at  the  time  of  any  regular  appraisal,  may  be  leased; 
provided,  that  no  leases  can  be  granted  for  a  period  longer  than 
five  years,  and  only  for  pasturage  and  meadow  purposes,  and  at  a 
public  auction  after  notice  as  hereinafter  provided;  provided, 
further,  that  all  of  such  school  and  public  lands  now  under  culti- 
vation may  be  leased  at  the  discretion  and  under  the  control  of 
the  board  of  university  and  school  lands  for  other  than  pasturage 
and  meadow  purposes  until  sold.  All  rents  shall  be  paid 
annually  in  advance. 

§  413.  (218.)  APPRAISAL  FOR  LEASE  BY  COUNTY  BOARD.]  It 
shall  be  the  duty  of  the  county  board  of  appraisers,  each  and 


NORTH    DAKOTA.  133 


every  year,  if  so  ordered,  to  appraise  in  the  same  manner  as  all 
other  lands  that  are  listed  for  taxation  are  appraised  all  the  com- 
mon school  and  other  public  lands  of  the  State  in  their  respective 
districts  that  may  be  included  in  the  order,  making  a  return  of  all 
such  appraisals  to  the  board  of  university  and  school  lands  in  the 
form  prescribed  on  blanks  furnished  by  the  board;  such  returns 
to  be  made  on  or  before  the  first  day  of  July  of  the  same  year; 
and  for  any  services  performed  as  required  by  this  article  they 
shall  be  paid  at  the  rate  of  three  dollars  per  day,  to  be  paid  by 
the  State  Treasurer  out  of  the  funds  appropriated  for  the  current 
expenses  of  such  board.  It  shall  be  the  duty  of  the  board  of 
university  and  school  lands  to  equalize  the  appraisements  so 
returned  as  to  counties  by  adding  thereto  or  taking  therefrom 
such  a  uniform  percentage  as  may  in  its  judgment  seem  proper 
and  fair  in  order  to  arrive  at  a  just  and  equitable  equalization 
between  the  several  counties,  and  upon  such  valuation  so  fixed 
the  board  of  university  and  school  lands  are  authorized  to  fix  a 
per  cent  per  acre  as  the  minimum  price  at  which  the  land  can  be 
leased;  provided,  that  the  lowest  price  of  lands  leased  for 
pasturage  cannot  be  below  one-half  of  one  per  cent  of  the 
average  value  in  the  county,  and  for  any  cultivated  lands  in  the 
county  the  lowest  price  cannot  be  below  two  and  one-half  per 
cent  of  the  appraised  value  of  each  cultivated  tract.  And  when 
advertising  the  same  for  lease  they  shall  set  opposite  each 
description  the  value  thereof  as  equalized  by  them,  which  valua- 
tion shall  form  the  basis  for  leasing  the  same. 

§  414.  (219.)  SELECTION  OF  LANDS  FOR  LEASE.]  The  board 
of  university  and  school  lands  shall  have  the  power,  and  it  is 
hereby  made  their  duty  to  select  from  the  lands  so  appraised 
such  tracts  as  in  the  judgment  of  the  board  can  be  leased  with 
profit  to  the  school  and  other  permanent  land  funds  of  the  State, 
or  as  the  legislative  assembly  may  by  law  order  to  be  leased,  and 
shall  on  or  before  the  first  day  of  March  in  each  succeeding  year 
advertise  for  lease  and  offer  for  lease  such  lands  as  have  thus 
been  selected. 

§  415.  (220.)  ADVERTISEMENT  FOR  LEASING.]  All  such  lands 
to  be  leased  or  offered  for  lease  lying  within  the  respective  coun- 
ties shall  by  the  board  of  university  and  school  lands  be 
advertised  for  lease  by  publication  once  a  week  for  not  less  than 
sixty  days  in  some  newspaper  of  general  circulation  in  the 
vicinity  of  such  lands.  Such  advertisement  shall  contain  the 
designation  or  proper  description  of  each  tract  or  parcel  of  land 
so  to  be  leased,  the  appraised  value  of  each  tract  and  the  per 
cent  on  such  valuation  fixed  by  the  board  as  the  minimum  price 
at  which  such  land  can  be  leased  and  the  terms  of  the  lease.  A 
copy  of  such  advertisement  shall  also  be  posted  in  a  conspicuous 
place  at  the  court  house  of  the  county,  and  a  notice  of  the  time 
and  place  where  the  said  lands  are  to  be  leased  shall  also  be 
published  for  not  less  than  sixty  days  in  one  newspaper  at  the 


134  GENERAL    SCHOOL    LAWS, 

seat  of  government  by  such  board  of  university  and  school  lands; 
provided,  that  if  in  the  opinion  of  the  board  there  will  not  be 
sufficient  of  such  lands  situate  in  any  county  leased  to  pay  the 
expenses  of  advertisement  in  a  newspaper,  the  notice  may  be 
given  by  posting  as  aforesaid. 

§  416.  (221.)  MANNER  OF  LEASING.  BY  WHOM  MADE.  How 
CONDUCTED.]  It  shall  be  the  duty  of  the  commissioner  of 
university  and  school  lands,  or  such  other  person  as  may  be 
appointed  by  the  board  of  university  and  school  lands,  to  conduct 
the  leasing  of  such  lands  in  accordance  with  the  provisions  of 
this  article  and  such  directions  as  shall  be  prescribed  therefor  by 
the  board;  provided,  that  the  leasing  shall  be  at  public  auction  to 
the  highest  bidder  at  the  court  house  or  place  where  terms  of  the 
district  court  are  held,  commencing  on  the  day  specified  in  the 
advertisement  for  such  lease  and  between  the  hours  of  ten  o'clock 
A.  M.  and  five  o'clock  p.  M.  to  continue  from  day  to  day  until  all 
tracts  or  parcels  of  land  advertised  for  lease  shall  have  been 
leased  or  offered  for  lease;  but  the  time  for  leasing  the  same 
shall  not  exceed  ten  days  in  any  county,  except  that  an  adjourn- 
ment may  be  made  over  the  Sabbath  or  any  legal  holiday.  In 
counties  where  a  large  number  of  tracts  of  land  are  to  be  leased 
the  land  situated  in  certain  townships  may  be  designated  in  the 
advertisement  to  be  leased  on  certain  specified  days  and  in  such 
case  such  lands  shall  be  leased  or  offered  for  lease  on  such 
specified  days,  or  for  want  of  time  for  the  leasing  or  offering  for 
lease  of  all  such  designated  lands,  the  leasing  of  those  unoffered 
may  be  adjourned  until  the  following  day  or  days,  when  they 
must  be  the  first  lands  offered  for  lease.  Such  lands  as  shall  not 
have  been  specially  subdivided  shall  be  leased  or  offered  for  lease 
in  tracts  of  one-quarter  section  each,  and  those  so  subdivided  in 
the  smallest  subdivision  thereof.  Notice  must  be  given  when  the 
land  is  offered  that  all  bids  are  subject  to  approval  by  the  board. 
At  the  time  of  offering  the  lands  for  lease  the  county  auditor  of 
the  county  shall  act  as  clerk,  and  it  shall  be  his  duty  to  make 
report  thereof,  stating  the  terms  of  such  leasing,  as  is  prescribed 
in  section  190  for  making  reports  of  sales. 

§    417.       (222.)       DEPOSIT     BY     BIDDERS.       FORFEIT     ON     FAILURE 

TO  PAY.]  In  offering  any  tract  or  parcel  of  land  no  bid  shall  be 
entertained  until  the  bidder  therefor  shall  deposit  fifty  per  cent 
of  the  minimum  price  fixed  in  the  advertisement,  which  deposit, 
should  he  be  the  successful  bidder,  shall  be  applied  as  part  pay- 
ment on  the  lands  so  leased  by  him,  but  should  he  fail  to  pay  the 
balance  required  on  his  bid  he  shall  forfeit  the  money  so  deposited. 
Deposits  by  all  unsuccessful  bidders  shall  be  returned  to  them. 
All  competitive  bids  shall  be  on  the  basis  of  so  many  dollars 
premium  over  and  above  the  minimum  price  at  which  the  tract  is 
offered.  The  annual  rent  in  all  cases  of  lease  shall  be  payable  in 
advance  as  hereinafter  provided. 

§418.     (223.)     ADJOURNMENT  OF  LEASE.]    Whenever  the  board 


NORTH    DAKOTA.  135 


of  university  and  school  lands  finds  that  the  interests  of  the 
State  will  be  subserved  by  the  adjournment  of  the  time  for 
offering  lands  for  lease,  the  authority  conferred  by  section  188 
for  adjournment  of  sales  is  made  applicable  to  the  leasing  of 
lands. 

§  419.  (224.)  APPROVAL  OF  LEASE  AND  EXECUTION  OF  CON- 
TRACT.] Immediately  upon  the  receipt  of  the  report  of  the 
county  auditor  as  required  by  this  article  the  board  of  university 
and  school  lands  shall  approve  and  confirm  the  lease  of  all  such 
tracts  as  in  their  judgment  should  be  made,  and  shall  at  once 
certify  a  list  of  the  approved  leases  to  the  commissioner  who 
shall  without  delay  execute  duplicate  contracts  of  lease  in  the 
form  prescribed  by  the  board  and  forward  the  same  to  the  county 
auditor  of  the  respective  counties  where  the  land  was  leased,  who 
shall  notify  each  lessee  in  writing  to  appear  within  ten  days  after 
date  of  notification  and  pay  the  county  treasurer  the  amount  of 
money  required  to  complete  the  contract,  and  execute  such 
contract  of  lease;  and  a  failure  to  appear  and  execute  the  con- 
tract shall  forfeit  the  deposit  made  at  time  of  the  bid.  When 
the  contract  is  properly  executed  by  the  lessee  and  the  amount 
of  money  due  thereon  shall  have  been  paid  to  the  county  treas- 
urer, the  copy  marked  "  duplicate  "  shall  be  delivered  to  him  and 
the  original  thereof  shall  be  returned  to  the  commissioner,  and 
each  contract  fully  executed  and  so  returned,  shall  have  on  its 
face  in  the  place  noted  for  such  purpose  the  notation  of  the  date 
of  delivery  to  the  lessee,  and  all  contracts  not  executed  by  the 
lessee  shall  be  returned  to  the  commissioner  with  a  written  state- 
ment thereon  of  the  reason  that  they  are  not  executed. 

§  420.  (225.)  LESSEE  NOT  TO  DESTROY  TIMBER.]  No  lessee 
of  any  of  the  common  school  or  public  lands  of  the  State,  or  his 
heirs  or  assigns,  shall  cut  down  or  take  away  from  such  tract  any 
timber,  trees  or  wood,  or  suffer  or  cause  the  same  to  be  done  by 
any  person,  except  that  such  lessee  may  cut  down  or  use  such 
amount  of  dead,  or  prostrate  trees,  or  timber  as  may  be  sufficient 
to  supply  him  with  fuel  for  his  family  or  the  families  of  his 
employees  actually  residing  upon  such  tract.  Any  lessee  violat- 
ing the  provisions  of  this  section  shall  forfeit  his  lease  and  all 
rights  and  interests  thereunder,  and  shall  be  liable  to  the  State 
for  damages  sustained  by  the  State  by  reason  thereof,  and  shall 
be  guilty  of  a  misdemeanor. 

§  421.  (226.)  LESSEE  NOT  TO  BREAK  UNCULTIVATED  LAND.] 
No  lessee,  or  the  heirs  or  assigns  of  any  lessee,  of  any  of  the 
common  school  or  public  lands  of  this  State,  leased  for  meadow 
or  pasturage  purposes,  or  of  school  or  public  lands  leased  for  the 
purpose  of  cultivation,  which  may  contain  any  uncultivated  or 
unbroken  land,  shall  break,  plow  or  cultivate  any  unbroken  land 
on  any  tract  so  leased,  or  cause  or  suffer  it  to  be  done  by  any 
other  person.  And  any  lessee,  or  his  heirs  or  assigns,  who  shall 


136  GENERAL    SCHOOL    LAWS, 

violate  the  provisions  of  this  section  shall  incur  the  same  forfeit- 
ures and  liabilities  as  are  provided  in  the  preceding  section,  and 
shall  also  be  guilty  of  a  misdemeanor. 

§    422.       (227.)       HAY    NOT   TO    BE    CUT    BEFORE   JULY    IOTH.]      No 

lessee,  or  his  heirs  or  assigns,  shall  mow  or  cut  for  hay  or  feed 
any  grass  on  any  unbroken  land,  or  cause  or  suffer  the  same  to  be 
done  by  any  other  person  prior  to  the  tenth  day  of  July  in  any 
year.  And  any  lessee,  or  his  heirs  or  assigns,  who  shall 
violate  the  provisions  of  this  section  shall  incur  the  same  forfeit- 
ures and  liabilities  as  are  provided  in  section  225  and  shall  also  be 
guilty  of  a  misdemeanor. 

§  423.  (228.)  BOARD  MAY  GRANT  PERMITS  TO  CUT  HAY,  RE- 
MOVE TIMBER,  ETC.]  The  board  shall  have  authority,  when  in  its 
judgment  it  is  for  the  best  interests  of  the  State  so  to  do,  to  sell 
the  right  to  cut  grass  on  any  of  the  public  lands  of  the  State  and 
to  sell  any  fallen  and  dead  timber  on  such  lands  for  such  price 
and  on  such  terms  and  conditions  as  it  may  think  proper; 
provided,  that  all  such  permits  shall  be  only  for  the  current  season 
and  between  the  fifteenth  day  of  June  and  the  first  day  of  April 
of  the  following  year,  and  that  the  control  or  rights  of  occupancy 
of  such  lands  shall  be  only  such  as  is  specified  in  such  permit, 
and  the  board  of  university  and  school  lands  may  appoint  as 
local  agents  to  carry  out  the  provisions  of  this  section  the  chair- 
man of  the  board  of  township  supervisors  in  organized  townships, 
the  commissioner  of  any  district  where  the  townships  are  not 
organized,  or  any  other  suitable  person  who  is  a  resident  of  the 
township  where  the  public  lands  are  situated,  who  upon  accepting 
such  appointment  and  before  entering  upon  his  duties  as  such 
agent  shall  take  and  subscribe  an  oath  or  .affirmation  justly  and 
impartially  to  perform  the  duties  of  his  office  to  the  best  of  his 
ability,  which  oath  shall  be  recorded  in  the  office  of  the  Secretary 
of  State  and  filed  in  the  office  of  the  board  of  university  and 
school  lands.  The  duties  of  such  agent  shall  be  prescribed  by 
the  commissioner,  to  be  approved  by  the  board  of  university  and 
school  lands,  and  compensation  for  his  service  shall  be  fixed  by 
the  board,  based  upon  a  percentage  of  the  amounts  of  money 
collected  and  remitted  to  the  State  Treasurer  from  the  sale  of 
grass  and  timber  in  his  township  or  district. 

§  424.  (229.)  TRESPASS  UPON  PUBLIC  LANDS.  CIVIL  ACTION 
FOR.]  Whoever  commits  any  trespass  upon  any  of  the  lands 
owned,  or  held  in  trust,  or  otherwise  by  the  State  shall  be  liable 
in  treble  damages  in  an  action  to  be  brought  in  the  name  of  the 
State,  if  such  trespass  is  adjudged  to  have  been  willful;  but  single 
damages  only  shall  be  recovered  in  such  action  if  such  trespass  is 
adjudged  to  have  been  casual  and  involuntary. 

§  425.  (230.)  WILLFUL  TRESPASS.  PENALTY.]  Whoever  com- 
mits any  willful  trespass  upon  any  of  the  lands  owned  or  held  in 
trust  or  otherwise  by  this  State,  either  by  cutting  down  or 
destroying  any  timber  or  wood  standing  or  growing  thereon,  or 


NORTH    DAKOTA.  137 


by  carrying  away  any  timber  or  wood  therefrom,  or  by  mowing  or 
cutting  or  removing  any  hay  or  grass  standing  or  growing  or 
being  thereon,  or  who  injures  or  removes  any  buildings,  fences, 
improvements  or  other  property  belonging  or  appertaining  to 
said  land  or  unlawfully  breaks  or  cultivates  any  of  said  lands  or 
aids,  directs  or  countenances  such  trespass  or  other  injury  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  imprisonment  in  the  county  jail  not  more 
than  one  year,  or  by  fine  not  exceeding  five  hundred  dollars,  or 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 
And  whoever  is  occupying,  residing  upon  or  in  possession  of  any 
school  or  other  public  lands  owned  or  held  in  trust  or  otherwise 
by  the  State  at  the  time  of  the  passage,  approval  and  taking 
effect  of  this  act  without  a  valid  lease  therefor  shall  be  deemed 
and  held  to  be  a  willful  trespasser  thereon,  and  guilty  of  trespass 
upon  such  land,  and  upon  conviction  thereof  shall  be  punished  as 
provided  for  in  this  section  for  any  other  act  of  trespass. 

§  426.  (231.)  PROPERTY  TO  BE  SEIZED.]  In  addition  to  the 
penalties  provided  for  in  this  article  against  those  committing 
trespass  upon  any  of  the  lands  owned  or  held  in  trust  or  other- 
wise by  this  State,  the  commissioner  is  authorized  and  empow- 
ered without  legal  process  to  seize  and  take,  or  cause  to  be 
seized  and  taken  any  and  all  timber,  grass,  wood  or  other 
property  unlawfully  severed  from  such  lands,  whether  the  same 
has  been  removed  from  such  lands  or  not,  and  may  dispose  of  the 
property  so  seized  and  taken,  either  at  public  or  private  sale,  in 
such  manner  as  will  be  most  conducive  to  the  interests  of  the 
State;  and  all  moneys  arising  therefrom  after*  deducting  the 
reasonable  and  necessary  expenses  of  such  seizure  and  sale  shall 
be  made  a  part  of  the  general  fund  belonging  to  the  public  lands 
and  shall  be  distributed  in  accordance  with  the  provisions  of  this 
article. 

§  427.  (232.)  DAMAGES.]  All  damages  recovered  for  any 
trespass,  or  other  injury  upon  or  to  any  of  the  lands  mentioned  in 
this  article,  shall  be  paid  over  to  the  State  Treasurer  for  the 
benefit  of  the  general  fund  to  which  the  same  properly  belongs. 

§  428.  (233.)  STATE'S  ATTORNEY  TO  PROSECUTE  AND  REPORT.] 
The  State's  Attorneys  of  the  several  counties  shall  promptly 
report  to  the  commissioner  all  cases  of  trespass  committed  upon 
such  lands,  which  may  come  to  their  knowledge,  and  shall,  when 
directed  by  the  Attorney  General,  prosecute  all  actions  for  any 
trespass  or  injury  thereto,  or  for  recovery  of  possession  thereof, 
or  otherwise. 

§  429.  (234.)  EXPENSES  OF  SALE  AND  LEASE,  HOW  PAID.]  The 
expenses  of  publishing  notices  of  the  leasing  and  sale  of  the 
university,  school  and  all  other  public  lands  of  the  State  shall  be 
paid  by  the  State  Treasurer  upon  the  warrant  of  the  State  Auditor 
out  of  the  general  or  current  funds  of  the  different  institutions  as 

s.  L. — 10. 


138  GENERAL    SCHOOL    LAWS, 

designated  in  section  215,  and  such  expenses  shall  be  apportioned 
according  to  the  receipts  credited  each  fund  from  proceeds  of 
each  and  every  sale  or  lease.  All  bills  for  such  publishing  shall 
be  verified  by  the  publisher  and  approved  by  the  board  of  univer- 
sity and  school  lands. 

§  430.  (235.)  APPROPRIATION  FOR  EXPENSES  OF  BOARD.] 
There  is  hereby  annually  appropriated  out  of  any  funds  in  the 
treasury  not  otherwise  appropriated  the  sum  of  five  thousand 
dollars,  or  so  much  thereof  as  may  be  found  necessary,  for  the 
salaries  and  expenses  of  the  commissioner  of  university  and  school 
lands,  clerk  hire,  record  books,  blanks  and  all  such  other  expenses  as 
shall  be  necessarily  incurred  by  the  board  of  university  and  school 
lands  in  carrying  out  the  provisions  of  this  article,  and  such 
expenses  shall  be  paid  out  of  the  treasury,  and  upon  satisfactory 
vouchers  therefor  the  State  Auditor  shall  issue  his  warrant  for 
the  same. 


NORTH    DAKOTA.  139 


APPENDICES. 


APPENDIX  A. 


•  SPECIAL    LAWS. 

The  following  special  laws  enacted  by  the  legislative  assembly 
from  1877  to  June  20,  1886,  pertaining  to  the  organization  and 
government  of  independent  school  districts  and  acts  amendatory 
thereof  are  in  full  force  and  effect,  to-wit: 

(a)  "An  act  providing  a  board  of  education  for  the  City  of 
Fargo,  Dakota  Territory,  and  regulating  the  management  of  the 
public  schools  therein,"  approved  February  20,  1879. 

(£)  "An  act  providing  for  a  board  of  education  for  the  City  of 
Jamestown,  Dakota  Territory,  and  regulating  the  management  of 
the  public  schools  therein,"  approved  March  3,  1883. 

(c)  "An  act  establishing  school   district   No.  3  (Grafton)   of 
Walsh    County,    Dakota   Territory,   as    an    independent    school 
district,"  approved  March  9,  1885. 

(d)  "An   act   providing  for  a  school  board  for   the   City   of 
Lisbon,  and  for  other  purposes,"  approved  March  13,  1885. 

(e)  "An  act  incorporating  the  City  of  Mayville,  Traill  County, 
Dakota  Territory,"  approved  March  13,  1885. 

(/)  "An  act  to  create  certain  territory  now  within  the  school 
township  of  Brightwood,  Richland  County,  Dakota  Territory,  as 
an  independent  school  district,  No  I  (Hankinson,)  Richland 
County,  Dakota  Territory,"  approved  March  13,  1885. 

(g}  "An  act  establishing  the  independent  school  district  of 
Walcott,  Richland  County,  Dakota  Territory,"  approved  March 
13.  1885. 

(h]  "An  act  to  create  a  joint  school  township  (Waziya)  in  the 
counties  of  Griggs  and  Steele,"  approved  March  13,  1885. 

All  other  special  and  private  laws  pertaining  to  the  establish- 
ment and  management  of  schools  in  that  portion  of  the  Territory 
of  Dakota  which  now  constitutes  the  State  of  North  Dakota,  have 
expired  by  their  own  limitation,  or  otherwise. 


140  GENERAL    SCHOOL    LAWS, 


APPENDIX    B. 

LAWS  PERTAINING  TO   SPECULATION   IN   OFFICE  AND   PENALTY  FOR 
FAILURE  TO  MAKE  REPORTS — BLANKS  TO  BE  FURNISHED. 

SPECULATION   IN  OFFICE  PROHIBITED. 

§  7632.  (PENAL  CODE.)  UNLAWFUL  PURCHASES  BY  SCHOOL 
DISTRICT  OFFICERS.]  Every  person  who  while  an  officer  of  any 
school  district  or  corporation,  or  deputy  or  clerk  of  such  officer, 
directly  or  indirectly,  buys  or  traffics  in  or  in  anywise  becomes  a 
party  to  the  purchase  of  any  school  warrant'  order  or  scrip,  or 
any  bill,  account,  claim  or  evidence  of  indebtedness  against  his 
school  district  or  corporation,  for  any  sum  less  than  the  full  face 
value  thereof,  is  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  is  punishable  by  a  fine  of  not  less  than  fifty  and  not 
exceeding  five  hundred  dollars. 

PENALTY    FOR    FAILURE    TO    MAKE    REPORTS. 

§  306.  (POLITICAL  CODE.)  PENALTY.]  Any  county,  city, 
village,  civil  township,  school  township  or  school  district  officer, 
who  is  required  by  law  to  make  an  official  report  to  any  other 
county,  city,  village,  civil  township,  school  township  or  school 
district  officer,  board,  tribunal  or  state  officer,  and  who  willfully 
neglects  to  make  such  report,  or  fails  to  perform  such  official 
duties,  shall  forfeit  and  pay  to  the  State  a  penalty  of  not  less  than 
ten  nor  more  than  two  hundred  dollars,  to  be  recovered  from 
such  delinquent  officer,  or  from  him  and  the  sureties  upon  his 
official  bond,  in  a  civil  action  to  be  brought  by  the  State's 
Attorney  in  any  court  of  record  having  jurisdiction. 

§  307.  EXAMINATION  OF  RECORDS.  STATE'S  ATTORNEY  TO 
PROSECUTE.]  It  shall  be  the  duty  of  the  board  of  county  com- 
missioners and  the  State's  Attorney  in  each  county  to  examine 
the  records  of  the  several  county  officers  at  the  end  of  the 
officer's  term  of  office  to  see  that  they  have  been  properly  kept. 
Any  failure  must  be  remedied  or  it  shall  become  the  duty  of  the 
State's  Attorney  to  prosecute  any  such  officer  for  neglect  as  pro- 
vided in  the  last  section.  It  shall  also  be  the  duty  of  the  city 
council,  board  of  aldermen,  village  trustees,  civil  township  super- 
visors, school  township  or  school  district  board,  as  the  case  may 
be,  to  examine  the  records  of  their  several  officers  in  a  like 
manner,  or  upon  complaint  by  the  proper  board  the  State's 
Attorney  shall  prosecute  as  provided  in  the  last  section. 

§  308.  BLANKS  TO  BE  FURNISHED.]  It  shall  be  the  duty  of 
the  county,  city,  village,  civil  township,  school  township  or  school 
district  officers  to  provide  at  the  expense  of  the  county,  city, 
village,  civil  township,  school  township  or  school  district,  such 


NORTH  DAKOTA.  14! 


blanks  and  records  as  are  necessary  for  making  the  proper  record 
and  the  transaction  of  any  official  business  connected  with  his 
office. 

APPENDIX  C. 
FILING  BOND  OF  TREASURER. 

§  346.  (POLITICAL  CODE.)  BONDS  OF  TOWNSHIP  AND  SCHOOL 
DISTRICT  OFFICERS.]  It  shall  be  the  duty  of  each  county  auditor 
on  or  before  the  first  day  of  March  in  each  year  to  procure  the 
proper  blank  bonds  and  send  them  to  the  clerk  of  each  township 
and  school  district,  and  all  such  officers  required  by  law  to  give 
bonds  shall  procure  such  bonds  from  the  proper  clerk;  and  shall 
immediately  after  the  execution  and  approval  thereof  hand  the 
same  to  the  clerk  of  the  township,  whose  duty  it  shall  be  forth- 
with to  file  such  bonds,  except  those  of  justices  of  the  peace,  with 
the  county  auditor,  and  the  county  auditor  shall  on  receipt 
thereof  examine  such  bonds  and  see  that  they  .are  properly 
executed  and,  if  he  finds  that  any  bonds  are  not  executed  accord- 
ing to  law,  he  shall  note  thereon  any  errors  and  return  them  to 
the  clerk  for  correction,  and  it  is  hereby  made  the  duty  of  the 
clerk  to  have  such  bonds  corrected  forthwith  and  return  the  same 
to  the  county  auditor.  The%  county  auditor  shall  not  issue  any 
order  upon  the  county  treasurer  for  funds  or  money  belonging  to 
a  civil  township  or  school  district  to  any  person  as  treasurer  of 
such  township  or  school  district  until  his  bond  has  been  filed  as 
in  this  section  provided. 

APPENDIX  D. 

BONDS    FOR    LABOR    AND    MATERIAL    FOR     PUBLIC    BUILDINGS. 

§  4802.  (CiviL  CODE.)  BONDS  FROM  CONTRACTORS  ON  PUBLIC 
IMPROVEMENTS.]  Whenever  any  public  officer  shall,  under  the 
laws  of  this  State,  enter  into  contract  in  any  sum  exceeding  one 
hundred  dollars,  with  any  person  for  making  any  public  improve- 
ments, or  for  constructing  any  public  building,  or  making  repairs 
on  the  same,  such  officer  shall  take  from  the  party  contracted 
with  a  bond,  conditioned  to  the  effect  that  such  contractor  shall 
pay  all  indebtedness  incurred  for  labor  or  material  furnished  in 
the  construction  or  repair  of  such  public  building  or  in  making 
such  public  improvements. 

§  4803.  How  BOND  EXECUTED.]  Such  bond  shall  run  to  the 
State  of  North  Dakota,  shall  be  executed  by  two  or  more  sureties 
and  shall  be  for  an  amount  at  least  equal  to  the  price  stated  in 
the  contract.  It  shall  be  approved  by  the  clerk  of  the  district 
court  of  the  county  in  which  said  building  is  to  be  constructed  or 


142  GENERAL   SCHOOL   LAWS, 

such  public  improvement  is  to  be  made  and  the  sureties  thereon 
shall  qualify  in  a  sum  equal  to  double  the  amount  specified  in  the 
bond. 

§  4804.  WHERE  BOND  FILED.  RECOVERY  ON.]  Such  bond 
shall  be  filed  in  the  office  of  the  clerk  of  the  district  court  of  the 
county  in  which  such  public  improvement  is  to  be  made  or  such 
public  building  is  to  be  erected;  and  any  person  to  whom  there 
is  due  any  sum  for  labor  or  material  furnished,  as  stated  in 
section  4802,  or  his  assigns,  may  bring  an  action  on  the  bond  for 
the  recovery  of  such  indebtedness;  provided,  that  no  action  shall 
be  brought  on  such  bond  unless  commenced  within  one  year 
from  the  completion  of  such  public  improvements,  repairs  or 
buildings. 


APPENDIX  E. 

DIGEST   OF   DECISIONS    OF   SUPREME    COURT. 
SCHOOL    DISTRICTS — POWERS. 

Laws  Dak.  1879,  Chap.  14,  Sec.  29,  Subd.  4,  provides  that  the 
inhabitants  qualified  to  vote  at  a  school  district  meeting  may  vote 
for  a  site  for  a  school  house.  By  Subdivision  5,  they  may  vote  a 
tax  to  purchase  or  lease  such  site.  By  Section  56,  it  is  made  the 
duty  of  the  district  board  "to  purchase  or  lease  such  site  for  a 
school  house  as  shall  have  been  designated  by  the  voters  at  a 
district  meeting,"  and  to  build  such  a  school  house  as  the  voters 
of  the  district  shall  have  agreed  upon.  Held,  that  the  power  to 
acquire  a  site  for  a  school  house  is  vested  exclusively  in  the 
voters  of  the  district,  and  the  board  have  no  independent 
authority  whatever. 

Farmers'  and  Merchants'  Nat.  Bank  of  Valley  City  vs.  School 
Dist.  No.  53,  Barnes  County,  42  N.  W.,  j6j. 

The  statute  restricts  the  amount  of  obligations  a  school  district 
may  incur  in  any  one  year  to  i^  per  cent  on  the  value  of  the 
taxable  property  in  the  district.  Held,  that  warrants  payable 
immediately,  for  sums  exceeding  such  percentage,  are  invalid.  Id. 

The  district  may  plead  ultra  vires  to  an  action  on  warrants 
issued  for  the  purchase  of  a  school  site  by  the  district  board 
without  authority.  Id. 

SCHOOLS   AND   SCHOOL    DISTRICTS — TAXATION — CONTRACTS. 

Laws  Dak.  1879,  Chap.  14,  Sec.  29,  Subd.  5,  provides  that  school 
district  may  vote  annually  a  tax  of  I  per  cent  on  the  taxable 
property  of  the  districts  to  purchase  or  lease  a  site  for  a  school 
house.  Subdivision  8  provides  that  school  districts  may  vote  a 
tax  as  may  be  necessary,  not  exceeding  one-half  per  cent  in  any 


NORTH    DAKOTA.  143 


one  year,  to  furnish  the  school  with  furniture  and  apparatus.  A 
school  board  issued  orders  in  excess  of  i%  per  cent  of  the  taxable 
property  in  the  district,  on  which  they  obtained  money,  which 
was  used  in  purchasing  a  site  and  building,  and  furnishing  a 
school  house;  and,  on  completing  the  school  house  two  years 
thereafter,  reported  such  orders,  showing  that  they  amounted  to 
less  than  i^  per  cent  tax  for  each  of  the  two  years  would  have 
produced,  and  the  district  accepted  and  occupied  the  school 
house,  and  approved  the  report.  Held,  that*  the  district  had 
power  to  issue  the  orders,  and  had  ratified  the  action  of  the  board 
in  issuing  them,  and  was  bound  thereby. 

Capital  Bank  of  St.  Paul  vs.    School  Dist.  No.  85,    Cass    County 
42  N.   IV., 


SCHOOLS      AND      SCHOOL      DISTRICTS  —  INCORPORATION  —  BONDS  —  ES- 

TOPPEL. 

Pol.  Code  Dak.  1877,  Chap.  40,  Sec.  10,  provides  that  "it  shall 
be  the  duty  of  the  county  superintendent  of  schools  *  *  * 
to  divide  his  county  into  school  districts,  subdivide  and  rearrange 
the  boundaries  of  the  same,  when  petitioned  by  a  majority  of  the 
citizens  residing  in  the  district  or  districts  to  be  affected  by  said 
change  and  to  furnish  the  county  commissioners  *  * 

with  a  written  description  of  the  boundaries  of  each  district, 
which  description  must  be  filed  in  the  register  of  deeds'  office 
before  such  district  shall  be  entitled  to  proceed  with  its  organiza- 
tion." Held,  that  a  petition  by  a  majority  of  the  citizens  of  the 
districts  affected  is  a  condition  precedent  to  the  incorporation  by 
the  superintendent  of  a  new  district. 

Dartmouth  Sav.  Bank  vs.  School  Dists.  Nos.  6  and  ji,  Minne- 
haha  County,  43  N.  W.,  822. 

In  an  action  on  a  bond  issued  by  a  district  formed  without  such 
petition  against  districts  which  are  its  successors,  defendants  are 
not  estopped  to  deny  that  district's  incorporation  by  showing 
failure  to  present  the  petition.  Id. 

SCHOOL   DISTRICTS  —  TEACHER'S    SALARY—  WARRANTS. 

Every  contract  relating  to  the  employment  of  a  teacher  who 
does  not  hold  a  lawful  certificate  of  qualification  is  void  by  the 
express  terms  of  the  statute,  and  every  warrant  issued  in  payment 
of  services  of  such  teacher  is  without  consideration  and  void. 

Goose  River  Bank  vs.  Willow  Lake  School  Tp.,  Steele  County, 
44  N.  W.,  1  002. 

School  township  warrants  are  not  negotiable  instruments,  in  the 
sense  that  their  negotiation  will  cut  off  defenses  to  them  existing 
against  them  in  the  hands  of  the  payee.  Id. 

The  officers  of  a  school  township  cannot  estop  the  township  by 
a  representation,  express  or  implied,  that  the  facts  to  authorize 
the  issue  of  a  lawful  warrant  exist.  Id. 


144  GENERAL    SCHOOL    LAWS, 

Where  a  contract  is  expressly  prohibited  or  declared  void  by 
statute,  retention  of  the  fruits  of  such  contract  will  not  subject  a 
municipality  to  liability  under  the  contract  or  on  a  quantum  mer- 
uit.  Id. 

A  person  who  assists  a  public  officer  in  depriving  the  public  of 
the  benefits  of  a  statutory  protection  designed  to  guard  the 
people  against  unfit  and  incompetent  teachers  has  no  standing  in 
court,  and  his  assignee  will  receive  no  greater  consideration.  Id. 

Coler  et  al.  vs.  Dwight  School  Tp.,  of  Richland  County. 
[Supreme  Court  of  North  Dakota.     April  25,  1893.] 

SCHOOL     TOWNSHIP ESTOPPEL — EXISTENCE     OF     DISTRICT. 

1.  The  county  superintendent  of  schools,  under  Chapter  14, 
Laws  1879,  organized  a  school   district.     School  district  officers 
were  elected,   and   exercised   the  functions   of   their   respective 
offices;  teachers  were  employed  by  the   district,  and  school  was 
taught  therein,  and  a  school  meeting  was  held  in  the   district  to 
vote  upon  the  question  of  issuing  bonds  to  build  a  school  house. 
Such  bonds  were  thereafter  issued.     In   an  action  upon  some  of 
the  interest  coupons  of  such  bonds,  Held,  that  the   district  was  a 
defacto  municipal    corporation,   and   that   therefore   the   defense 
could  not  be  interposed  that  the  bonds  were  void  on  the  ground 
that  the  district  had   no  legal  existence  because  of  a  failure  to 
comply  with  provisions  of  the  statute  regulating  the  organization 
of  such  districts  in  matters  which  went  to  the  jurisdiction   of  the 
county  superintendent  to  organize  the  district. 

2.  Municipal  corporations  are  estopped,  as  against  bona  fide 
holders  of  municipal  bonds,  from  setting  up  as  a  defense  to  an 
action    thereon    that    all    the   preliminary    steps    necessary    to 
authorize  the  issue  of  the  bonds  were  not  taken,  when  the  officers 
who  have  charge  of  the  issue  of  such  bonds  are  especially  or 
impliedly  authorized  to  determine  whether  all  the  conditions  pre- 
cedent to  the  issue  of  valid  bonds  have  been  complied  with,  and 
recite  in  the  bonds  so  issued  that  they  have  been  complied  with. 
It  is  not  necessary  to  estop  the  corporation  that  this  statement 
should  set  forth  in  detail  that  all  the  preliminary  steps  have  been 
taken.     It  is  sufficient  that  it  declare  that  the  bonds  are  issued  in 
pursuance  of  a  certain  statute,  specifying  it.     Neither  is  it  essen- 
tial that   the  officers   issuing    the    bonds    should   be   expressly 
authorized  to  determine  such  questions. 

It  is  sufficient  if  they  are  given  full  control  in  the  matter. 

3.  A  school  township  organized  under  Chapter  44,  Laws  of 
1883,  becomes,   immediately  upon  such   organization,  liable   for 
debts  of  a  district,  the  school  house  and  furniture  of  which  become 
the  property  of  the  school  township.     This  liability  is  complete, 
and  does  not  depend  upon  the  settlement  of  equities  between 
several    districts   included   in   the   new  school  township,    under 
Sections  136-138,  c.  44,  Laws   1883. 

[Syllabus  by  the  Court J\ 


NORTH    DAKOTA.  145 


Prairie  School  Township  vs.  Haseleu  et  al. 
[Supreme  Court  of  North  Dakota,  July  6,  1893.] 

SCHOOL  DISTRICTS — POWERS  OF  OFFICERS — LOSS  OF  FUNDS — LIA- 
BILITY OF  TREASURER  ON  OFFICIAL  BOND — PAROL  EVIDENCE — 
HARMLESS  ERROR. 

1.  Chapters  44-45,  Sess.  Laws  Dak.  T.  1883,  relating  to  school 
townships  and  school  house  bonds,  considered.     Held,  that  the 
school  board  (consisting  of  the  treasurer,  clerk  and  director)  is 
the  official  governing  board  of  such   school   township,  and   such 
board  has  full  power  and  authority  to  issue,  negotiate  and  sell 
such  bonds  of  the  school  township  as  have  been  duly  voted  by 
the  electors  for  the  purpose  of  building  a  school  house.     Held, 
further,  that  the  school  township  treasurer,  acting  independently, 
has  no  authority  under  the  law  and  by  virtue  of  his  office  as 
treasurer,  to  issue,  negotiate  or  sell  such  bonds. 

2.  Where  the  school  board  of  the  plaintiff,  consisting  of  the 
treasurer,  clerk  and  director,  issued  certain  school  house  bonds, 
which  had  been  regularly  voted  by  the  electors,  and   in  doing  so 
delivered  such  bonds  to  a  bank  to  be  negotiated  and  sold  for  the 
benefit  of  the  school  township,  and  the  bonds  were  sold  and  put 
in  circulation,  but  the  proceeds  were  never  turned  over  to  the 
school  township,  but,  on  the  contrary,  were  lost  to  the  school 
township,  Held,  that  the  school  board  was  wholly  responsible  for 
such    loss.     Held,  further,   that    such    bonds    not   having   been 
delivered  to  the  treasurer  for  negotiation  and  sale,  and  he  never 
having  sold  or  attempted  to  sell  the  same,  an  action  will  not  lie 
against  the  treasurer  or  his  sureties   on  his  official  bond    for   a 
breach  of  the  condition  of  such  bond,  which  requires  the  treasurer 
to  account  for  and  pay  over  all  moneys  and  property  which  shall 
come  into  his  hands  as  treasurer. 

3.  The  obligations  of  sureties  upon  official   bonds  are  meas- 
ured by  the  language  of  the  bond,  and  where  the  condition  of  a 
bond  embodies  the  provision  of  the  statute,  and  no  more,  the 
obligation  cannot  be  expanded  by  construction  beyond  the  fair 
import  of  the  language  in  which  the  sureties  have  consented  to 
be  bound. 

4.  When  the  bonds  were  delivered  by  the  board  at  the  bank 
for  negotiation  and  sale,  all  members  of  the  board  were  at  the 
bank,  and  acting  in  concert.     At  that  time  the  cashier  of  the  bank 
delivered  to  the  treasurer  a  writing  as  follows:     "$1,000.     Grand 
Rapids,  Dakota,  Sept.  28th,  1883.     Received  of  William  Haseleu, 
Treas.  Prairie  School  Township,  one  thousand  dollars  in  bonds  of 
Prairie  Tp.,    LaMoure   Co.,    D.   T.,   for   placing  and   cr.     A.  H. 
Huelster,  Cashier  Bank  of  Grand  Rapids."     ffeld,  that  such  writ- 
ing embodied  both  a  receipt  and  a  contract,  and  that,  as  such  its 
terms  could  be  varied  and  explained  by  parol  evidence,  but  only 
as  to  that  part  which  is  a  mere  receipt. 


146  GENERAL  SCHOOL  LAWS, 

5.  Where  it  appears  that  upon  the  uncontroverted  facts  the 
plaintiff  cannot  recover  in  the  action,  a  verdict  and  judgment  for 
defendants  will  not  be  disturbed  by  this  court  even  when  the 
records  show  errors  in  procedure.  Such  errors  are  without  preju- 
dice. 

[Syllabus  by  the  Court '.] 

Gull  River  Lumber  Company,  Plaintiff  and  Respondent,  vs. 
School  District  No.  39,  Barnes  County,  D.  T.,  Defendant  and 
Appellant. 

I.       PRACTICE — FINDINGS    OF    FACT. 

When  the  trial  court  determines  the  issue  of  fact  without  a  jury, 
the  requirement  of  the  statute  as  to  findings  is  mandatory,  and 
not  directory.  In  such  cases  it  is  the  duty  of  the  trial  court  with- 
out request  to  make  express  findings  of  the  ultimate  facts  which 
are  material  and  arise  upon  the  pleadings.  Accordingly  when 
the  district  court,  in  such  case,  made  no  express  findings  of  the 
ultimate  facts  which  were  in  issue,  but  instead  of  doing  so 
adopted  certain  documentary  evidence,  and  a  certain  stipulation 
of  facts,  as  its  findings  of  facts,  and  from  such  findings  drew  cer- 
tain legal  conclusions,  upon  which  judgment  was  entered,  Held, 
reversible  error. 

2.       CAPITAL    BANK   VS.    SCHOOL    DISTRICT    FOLLOWED. 

Merits  of  this  case  same  as  decided  at  present  term  of  court,  i.  e. : 
Capital  Bank  of  St.  Paul  vs.  School  District  No.  53. 

Gull  River  Lumber  Company  vs.  School  District  No.  39,  of 
Barnes  County. 

I.       TRANSFER    OF     CAUSES    UNDER    THE    OMNIBUS    BILL. 

Respondent,  after  the  admission  of  North  Dakota  into  the 
Federal  Union,  argued  the  appeal  in  this  case  in  the  Supreme 
Court  of  the  State,  applied  for  a  rehearing  after  defeat,  and  after 
securing  a  rehearing  applied  for  and  obtained  a  continuance. 
Held,  that  he  could  not  thereafter  obtain  a  transfer  of  the  case  to 
the  Federal  Court  on  the  ground  of  diverse  citizenship,  under  the 
provisions  of  the  enabling  act. 

[Opinion  filed  Feb.  2,  1891.] 

Capital  Bank  of  St.  Paul,  Plaintiff,  Appellant  vs.  School  District 
No.  53,  Barnes  County,  D.  T.,  Defendant  and  Respondent. 

I.       SCHOOL    DISTRICT — CONTRACT  ULTRA  VIRES — RATIFICATION. 

A  contract,  authorized  by  the  inhabitants  of  a  school  district 
at  a  district  meeting,  to  build  a  school  house  for  an  amount  in 
excess  of  funds  on  hand  or  subject  to  collection  for  that  purpose, 


NORTH    DAKOTA.  147 


and  the  amount  that  could  be  realized  from  the  maximum  tax 
which  could  be  levied  by  the  inhabitants  for  the  current  year  and 
used  for  that  purpose,  is  void.  Therefore,  Held,  that  such  a  con- 
tract, void  because  the  district  board  had  no  authority  to  make 
it,  could  not  be  made  binding  upon  the  district  by  subsequent 
ratification  by  the  inhabitants.  Whether  there  were  sufficient 
evidence  of  such  ratification  not  decided. 

2.      SAME — RECEIPT    OF     FRUITS     OF     CONTRACT     CREATES     NO      LI- 
ABILITY. 

Such  contract  being  impliedly  prohibited  by  statute,  the  receipt 
by  the  district  of  the  fruits  thereof  creates  no  liability  either 
under  the  contract  or  for  the  value  received. 

3.      SAME — WARRANT    CREATES    NO    LIABILITY. 

A  warrant  creates  no  greater  liability  than  the  debt  it  repre- 
sents, whether  in  the  hands  of  the  original  party  or  of  a  purchaser 
before  maturity  and  for  value. 

[Opinion  Filed  Nov.  29,  1890.] 

Goose  River  Bank  vs.  Gilmore,  et  al. 

[Supreme  Court  of  North  Dakota,  Jan.  25,  1893.] 

APPEAL    FROM    ORDER    DENYING   NEW    TRIAL — RECORD. 

1.  When  an  appeal  is  taken  from  an  order  denying  a  new  trial, 
and  the  motion  for  new  trial  was   heard   in  part  upon  certain 
papers  and  documents,  which,  on  appeal  to  this  court,  have  been 
properly  identified  by  the  Judge,  and  certified  by  the  clerk  of 
District  Court,  a  motion  to  purge  the  record  of  such  papers  and 
documents  for  the  reason  that  the  same  are  not  authenticated  by 
any  bill  or  statement,  cannot  be  sustained.     Under  Section  5,  c. 
120,  Laws  1891,  no  bill  or  statement  is  required  to  bring  such 
papers  and  documents  before  the  court. 

2.  The   stenographer's  transcript  of  the  proceedings  had  at 
the  trial,   and   used  on  a  motion  for  a  new  trial   for  the  purpose 
of  showing  errors  of  law  occurring  at  the  trial,  does  not  constitute 
an  authenticated  record  and  before  this  court  can  review  errors 
occurring  at  the  trial,  the  proceedings  must  be  brought  upon  the 
record  by  a  bill  of  exceptions  or  statement  of  the  case. 

3.  An  affidavit  used  upon  a  motion  for  a  new  trial,  which  states 
that  certain  evidence  could  and  would  be  offered  if  a  new  trial 
should  be  granted,  is  entirely  insufficient  unless  it  also  states  that 
such  evidence  is  newly  discovered,  or  furnishes  some  excuse  for 
not  introducing  it  on  the  former  trial. 

[Syllabus  by  the  Court J\ 


148     ,  GENERAL    SCHOOL    LAWS, 

APPENDIX  F. 

SCHOOL    CALENDAR. 
JANUARY. 

1st — School  year  begins.     Section  128. 

First  Monday  (odd  numbered  years) — Terms  of  office  of  State 
Superintendent  and  county  superintendent  begin.  Sections 
I  and  17. 

Second  Tuesday — Regular  meeting  of  district  school  board. 
Section  60. 

Second  Tuesday — District  treasurer  makes  report.     Section  96. 

Third  Tuesday — District  school  board  makes  settlement  with 
district  treasurer.  Section  96. 

Second  Friday — County  examination  for  teachers.   Section  119. 

Between  1st  and  3ist — District  clerk  and  clerk  of  board  of 
education  furnish  report  to  county  superintendent.  Sections  86 
and  176. 

FEBRUARY. 

Third  Monday — Apportionment  of  State  Tuition  Fund.  Sec- 
tion 90. 

MARCH. 
Second  Friday — County  examination  for  teachers.  Section  119. 

APRIL. 

Second  Tuesday — Regular  meeting  of  district  school  board. 
Section  60. 

MAY. 

Second  Friday — County  examination  for  teachers.  Section  119. 
Third  Monday — Apportionment  of  State  Tuition    Fund.     Sec- 
tion 90. 

JUNE. 

At  least  fifteen  days  before  third  Tuesday — District  school 
board  designates  polling  place  and  causes  three  notices  of  election 
to  be  posted.  Section  53. 

Third  Tuesday — Annual  school  election  at  2  p.  m.  Sections  49 
and  53. 

Within  five  days  after  annual  election — Clerk  to  furnish  each 
person  elected  a  written  notice  of  election.  Section  56. 

Within  ten  days  after  annual  election — District  clerk   forwards 


NORTH    DAKOTA.  149 


to  county  superintendent  a  certified  list  of  all  officers   elected. 
Section  56. 

JULY. 

1st. — Assessor  furnishes  school  district  clerk,  county  superin- 
tendent and  auditor  the  amount  of  assessed  valuation.  Section 
103. 

Second  Tuesday — Regular  meeting  of  district  school  board. 
Sections  60  and  172. 

Second  Tuesday — District  school  board  organizes  and  elects  a 
president  and  clerk.  Section  59. 

Second  Tuesday  (on  or  before) — School  treasurer  gives  bond 
and  qualifies.  Section  63. 

Second  Friday — County  examination  for  teachers.  Section  1 19. 

Before  20th — District  school  board  and  board  of  education 
levy  tax.  Sections  78  and  100. 

Immediately  thereafter — District  clerk  and  clerk  of  board  of 
education  notify  county  auditor  the  amount  levied.  Sections  100 
and  1 80. 

AUGUST. 

1 5th  (on  or  before)— County  superintendent  transmits  annual 
report  to  State  Superintendent. 

Third  Monday — Apportionment  of  State  Tuition  Fund.  Sec- 
tion 90. 

SEPTEMBER. 

Second  Friday — County  examination  for  teachers.  Section  1 19. 

OCTOBER. 

Second  Tuesday — Regular  meeting  of  district  school  board. 
Section  60. 

NOVEMBER. 

1st — (On  or  before,  in  even  numbered  years) — State  Superin- 
tendent makes  report  to  the  Governor.  Section  14. 

First  Tuesday  after  first  Monday  (in  even  numbered  years) 
—Election  of  State  Superintendent  and  county  superintendent. 
Sections  I  and  17. 

Second  Friday — County  examination  for  teachers.  Section  119. 

Third  Monday — Apportionment  of  State  Tuition  Fund.  Sec- 
tion 90. 

DECEMBER. 

ist — District  clerk  makes  enumeration  of  school  children  in  the 
district.  Section  86. 


150  GENERAL    SCHOOL    LAWS, 

Before  20th — District  clerk  and  clerk  of  board  of  education 
forward  to  county  superintendent  enumeration  of  school  children. 
Sections  86  and  95. 

3 ist  (On  or  before  in  even  numbered  years) — The  report  of 
the  State  Superintendent  is  printed.  Section  15. 

3 ist — School  year  ends.     Section  128. 


INDEX. 


ACADEMY  OF  SCIENCE  AT  WAHPETON 

objectof - - - 105 

management  of - 105 

rules  and  regulations  of 105, 106 

how  located 20 

board,  how  appointed 105 

powersof  board - 105 

expenses  of  board— temporary  funds,  how  secured 106 

land  grant,  etc - - 106 

state  treasurer  custodian  of  funds.. 107 

record  of  board 107 

ACCOUNTS 

to  be  itemized  before  audited  and  paid... 19 

of  district  treasurer,  how  to  be  kept 49 

(uniform  system  of  keeping— See  Political  Code,  Sects.  309-321.) 

ACTION 

to  be  commenced  against  district  treasurer,  when „ 39 

ADJUSTERS 

of  whom  composed... 52 

to  assess  taxes  in  certain  instances 52 

ADVERTISEMENT 

of  lands  to  be  leased 133 

of  lands  to  be  sold 124 

AGRICULTURAL  COLLEGE  AT  FARGO 

course  of  study  in,  what  length  of 108, 109 

honorary  degrees,  conferred  upon  whom 110 

lands  granted  for ., 11 

how  located 19,107 

treasurer 110 

meetings— compensation 108 

acceptanceof  land  grant ^. 110 

duties  of  board 108 

salaries  of  faculty 109 

rules  and  regulations 109 

president's  duties— reports 109 

experiment  station 110 

per  diem  and  mileage  of  board 108 

ANNUAL 

meeting  of  board  of  education  in  special  districts 72 

election... 34,  35,71 

APPARATUS 

to  be  furnished  by  district  board 40 

S.   L. —  II. 


154  INDEX. 


APPEALS 

may  be  taken  from  county  superintendent's  decision ... 27 

from  county  superintendents  to  be  decided  by  state  superintendent 24 

APPENDICES 


APPORTIONMENT 

of  state  tuition  fund,  to  be  made  by  county  superintendent. 28,48 

of  state  tuition  fund,  how  made 48 

APPRAISAL  OF  SCHOOL  LANDS 

for  sale 123,127 

APPRAISERS 

of  school  lands 123 

APPROPRIATION 

for  institute,  by  county  commissioners 62 

ARBITRATION 

equalization  of  indebtedness  of  joint  district,  how  arrived  at 54 

tax  to  pay  joint  debts  to  be  levied 54 

result  to  be  sent  to  county  auditor 54 

ASSESSMENT 

to  meet  interest  and  provide  sinking  fund 68 

ASSESSOR 

to  notify  district  clerk  valuation  of  property 52 

to  report  number  of  deaf  and  dumb  children 112 

ATTORNEY  GENERAL 

member  of  board  of  university  and  school  lands 16,119 

to  give  opinions  to  board  of  university  and  school  lands. 144 

to  cause  trespassers  upon  school  lands  to  be  prosecuted 144 

duty  to  prosecute  officers  who  fail  to  make  report . .  148 

BIBLE 

may  be  read  in  school — 61 

not  sectarian  book... - 61 

BLANKS 

to  be  furnished  by  state  department 23 

BLIND  ASYLUM 

location 20,114 

trustees,  how  appointed 115 

organization  of  board •- 115 

meetings — compensation .  - 

land  grant— proceeds 20, 116 

rules  of  regulation 116 

reports 116 

BOARD  OF  APPRAISAL 

of  school  lands, of  whom  composed-- 16, 123 

BOARD  OF  EDUCATION 

in  independent  districts,  how  elected 

in  cities  incorporated  under  special  law 

method  of  disorganizing  independent  districts  and  equalising  debts...,      89,  90 


INDEX.  155 


BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS 

of  whom  composed . . - 16,119 

authority— meeting  of— secretary 120 

ex-offlcio  recorder. 121 

investmentof  school  funds 120, 121 

records 121 

state  treasurer  custodian  of  funds - 121 

governor  to  issue  patents 129 

when  lands  subject  to  taxation —  130 

patents,  how  recorded 130 

expenses  of  sale  and  lease,  how  paid 137 

appropriation  for  expenses  of  board 138 

BOND 

required  of  treasurer  of  special  district 75 

required  of  district  treasurer,  how  approved 38 

additional,  when  required  of  district  treasurer 38 

of  district  officer,  where  to  be  filed 39, 141 

of  district  treasurer  to  be  filed  before  apportionment  is  paid  to  him 48 

of  treasurer  of  independent  school  district 85 

of  treasurer  of  agricultural  college. 110 

BONDS 

school  district  bonds,  how  issued 66 

notice  of -election  to  vote 67 

denomination  of  bonds— rate  of  interest— limit  of  issue 67 

record  of  bonds  to  be  kept  by  clerk 67,  68 

assessment  for  sinking  fund  and  to  meet  interest 68,  84 

bonds,  how  negotiated— not  to  be  sold  below  par 69 

county  auditor  may  levy  tax  to  pay  bonds 69 

security  for  payment  of  bonds '. 79 

cancelled  bonds,  record  of  to  be  made  by  clerk 69 

proposals  for  building  school  house 69 

bonds  may  be  voted  and  issued  to  meet  indebtedness  already  incurred 

for  building  school  houses 70 

of  special  district,  how  may  be  issued 78 

investment  of  sinking  fund.. 68,  79 

authority  to  issue  in  independent  school  districts 84 

power  of  board  in  special  school  districts  to  refund 80 

for  labor  and  material,  for  public  buildings ., 141 

BOUNDARIES 

of  school  district 30 

of  school  district,  how  may  be  changed 31 

in  district  counties,  how  to  be  rearranged. 32 

how  changed  in  future. 33 

BRANCHES  OF  STUDY 

required  for  county  certificates 57 

required  for  professional  and  normal  certificates 55,  56 

what  to  be  taught  in  common  schools 60 

additional,  may  be  fixed  by  board !.  41 

CALENDAR 

148 

CANCELLED  BONDS 

record  of,  to  be  made  by  clerks 69 

CENSUS 

(See  Enumeration.) 


156  INDEX. 


CERTIFICATES 

(See  Examinations  and  Certificates.) 

professional „ 55 

norm  al 56 

county 56,  57 

how  revoked 56,  58 

permits,  when  allowable 57 

when  should  be  revoked 28 

CHARTS 

to  be  furnished  by  district  board 40 

CHAIRMAN  OF  BOARD  OF  COUNTY  COMMISSIONERS 

member  of  board  of  appraisal  of  school  lands 16 

CHILD  LABOR 

prohibited  during  school  hours 64 

CITIES 

what,  governed  by  provisions  of  article  relating  to  special  districts 70 

CIVIL  TOWNSHIP 

to  be  the  boundaries  of  what  school  districts —  30 

CLERK  OF  DISTRICT 

to  keep  record  of  bonds 68 

to  keep  record  of  cancelled  bonds 69 

penalty  for  neglect  of  duty,  and  for  making  false  election  returns. g 

penalty  for  false  reports 66 

to  be  clerk  of  election —  3tt 

to  issue  certificates  of  election  to  district  officers 36 

how  appointed 37 

duties  of  and  compensation - 37 

to  notify  county  auditor  of  tax  levy 42 

to  enumerate  schoolchildren  in  the  district 45 

to  make  annual  report,  when 45 

to  give  notice  of  tax  levy  to  county  auditor 51 

vacancy  of,  how  filled 53 

teacher's  report  to  be  filed  with 59 

CLERK  OF  SPECIAL  DISTRICT 

duties  of 73 

to  give  certificates  of  election  to  members  of  board 77 

COMMON  SCHOOLS 

sections  16  and  36  granted  for  support  of 9 

lands  granted  for  use  of,  may  be  sold,  when  — 16 

length  of  terms  required  to  be  taught 43,44 

additional  time  may  be  taught 44 

COMPULSORY  ATTENDANCE 

school  age,  time  required  to  attend  school 

who  exempt  from  attending  school 

penalty  for  failure  to  send  children  to  school 63 

duty  of  president  of  board  to  prosecute.. 64 

president  subject  to  fine  if  he  does  not  prosecute —  64 
child  labor  prohibited  during  school  hours... 

penalty  for  em  ploy  ing  children  during  school  hours.- 64 

prosecution,  how  brought 

CONSOLIDATION 

of  districts,  when  required. 


INDEX.  157 


CONDUCTORS  OF  INSTITUTES 

how  appointed 24,62 

certify  expenses  to  state  superintendent  of  public  instruction....  61 

CONTRACTS 

made  with  teacher,  who  does  not  hold  certificate,  void.... ..  58 

terminated  when  certificate  revoked 58 

for  more  than  certain  sums  to  be  advertised 66,75 

members  of  board  of  education  not  to  be  interested  in.. 72 

with  teachers  to  be  in  writing 41 

for  lease  of  school  lands,  how  executed 134,135 

of  sale  of  school  lands,  how  executed 126 

of  sale  of  land  void  when  taxes  not  paid 128 

CONVEYANCE 

of  property  to  special  districts,  how  executed 71 

CONSTITUTIONAL  PROVISIONS 

THE  LEGISLATIVE  DEPARTMENT 

local  or  special  laws  not  to  be  passed  by  leglslat i ve  assembly 13 

EXECUTIVE  DEPARTMENT 

superintendent  of  public  instruction,  how  chosen 13 

qualifications  for 13 

office  where  to  be  held 13 

powers  and  duties  of 13 

salary  of 13 

ELECTIVE  FRANCHISE 

electors,  qualifications  of 14 

privileged  from  arrest  at  election 14 

when  does  not  lose  his  residence : - J4 

soldiers,  seamen  and  marines  in  the  army  and  navy  not  electors 14 

persons  under  guardianship,  non  compos  mentis,  or  insane  not  entitled 

to  vote 14 

women  may  vote  for  all  school  officers  and  on  school  matters 14 

elections  to  be  by  secret  ballot 14 

EDUCATION 

why  necessary 14 

provision  to  be  made  for  public  schools 15 

public  schools  to  be  open  to  all  children  of  the  state 15 

to  be  freefrom  sectarian  control 15 

uniform  system  to  be  provided  for 15 

truthfulness,  temperance,  etc.,  to  be  taught  in 15 

county  superintendent  of  schools  to  be  elected 15 

illiteracy  to  be  prevented 15 

colleges,  universities  and  institutions  receiving  aid  from  or  supported 

by  the  state,  to  be  under  its  control 15 

sectarian  school  not  to  receive  money  raised  for  support  of  common 

schools 15 

SCHOOL  AND  PUBLIC  LANDS 
per  centum  from  sale  of,  gifts  and  other  property  acquired,  the  state  to 

make  permanent  fund 15 

principal  of  such  fund,  to  remain  inviolate 15 

state  to  make  good  losses  thereof 15 

interest  and  income  of  permanent  fund,  to  be  apportioned  between  the 

several  common  schools  of  the  state 15,16 

portion  apportioned  and  not  expended  to  become  part  of  school  fuud. . .  •      16 
lands  granted  to  state  may  be  sold  after  one  year  from  assembling  of 

first  legislative  assembly 16 


158  INDEX. 


SCHOOL  AND  PUBLIC  LANDS— Continued. 

lands,  when  and  how  may  be  sold 16 

coal  lands  of  the  state  not  to  be  sold... 16 

board  of  university  and  school  lands,  who  compose 16 

authority  of  board  of  university  and  school  lands. 16 

appraisal  of   school  lands  to  be   made  by  county  superintendent  of 

schools,  chairman  of  the  county  board  and  county  auditor. 16 

minimum  price  and  terms  at  which  land  maybe  sold 16 

lands,  how  to  be  advertised  for  sale 17 

grant  or  patent  for  lands,  when  to  issue 17 

lands,  subject  to  taxation,  when. 17 

lands,  and  proceeds  from  sale  of,  etc.,  to  be  applied  to  specific  purpose 

for  which  granted 17 

lands  granted  to  several  institutions,  how  to  be  appraised  and  sold 17 

when  may  be  sold 17 

leasing  of  lands,  how  to  be  provided  for 17 

lands,  for  what  purposes,  may  be  leased 17 

moneys  of  permanent  school  fund,  how  to  be  invested 18 

claims  for  improvement  on  schoollands  not  to  be  recognized 18 

state  school  funds  to  be  guarded  by  suitable  laws 18 

by  bonds  of  officers  charged  with  keeping  the  same 18 

conversion  of  moneys  belonging  to  state  fund  to  be  felony 18 

PUBLIC  DEBT  AND  PUBLIC  WORKS 

limit  of  indebtedness  by  any  political  subdivision 

indebtedness  of  pjlitical  subdivision,  how  to  be  estimated 

evidence  of  indebtedness  in  excess  of  legal  limit  allowed,  to  be  void —  19 

tax  to  meet  indebtedness  to  be  provided  before  it  is  incurred 19 

political  subdivisions  prohibited  from  making  certain  loans,  etc 19 

bills  against  political  subdivisions  to  be  itemized  before  audited  and 

paid 19 

evidences  of  indebtedness  to  have  indorsed  certificate  of  proper  officer, 

that  the  same  is  legal,  and  within  the  debt  limit 19 

PUBLIC  INSTITUTIONS 

permanently  located 

where  and  what  located.. 19,20 

grantsof  lands  to 19,20 

similar  ones,  not  to  be  located  except  by  revision  of  the  constitution —  20 

COUNTY  AUDITOR 

member  of  the  board  of  appraisal  of  school  lands - 16 

to  prepare  a  plat  of  county - 

to  levy  poll  tax  and  2  mill  tax  for  school  purposes 51 

COUNTY  COMMISSIONERS 

to  organize  new  district,  when - 

may  appropriate  money  for  institutes 

to  pay  transportation  of  indigent  deaf  and  dumb  children  to  school. ..  113 

duties  of  in  relation  to  joint  school  districts 

to  rearrange  and  establish  boundaries  of  school  districts  .. 

COUNTY  SUPERINTENDENT  OF  SCHOOLS 

election— term  of  office - I5i  26 

in  case  of  tie  vote,  how  to  proceed 

general  duties  of - - - 

record  of  official  acts  .- - -- 

to  furnish  assessors  with  sectional  maps 

meetings  with  school  officers 

to  decide  questions  of  controversy 

power  to  administer  oaths 

power  to  revoke  certificates 


INDEX.  159 


COUNTY  SUPERINTENDENT  OF  SCHOOLS— Continued. 

institute  fund— how  raised,  how  used. 27 

apportionment  of  state  tuition  fund 28 

teacher's  certificates— when  revokable 28,58 

report  to  state  superintendent - .  28 

duties  in  relation  to  appraisement  of  school  lands— fees  ..  28 

office  rent,  postage  and  stationery 28 

salary— deputy— traveling  expanses,  etc 28 

qualifications  of 29 

to  give  notice  of  election - ..--  35 

duty  in  relation  to  bonds  pf  school  district  officers 39 

duty  in  relation  to  county  institutes 61,62 

to  apportion  school  funds - 48 

vacancy— how  filled 53 

to  hold  public  examination  of  teachers.. 56 

member  of  county  board  of  appraisal 16, 123 

duties  in  relation  to  lease  of  school  lands. 132 

duties  in  relation  to  sale  of  school  lands 123 

to  take  and  subscribe  to  oath  of  office  (see  Sec.  341,  Political  Code) 

to  require  new  bond  of  district  treasurer,  when 38 

duty  to  prosecute  district  treasurer  on  bonds,  when 39 

to  apportion  state  tuition  fund 48 

to  certify  to  county  treasurer  and  county  auditor  amount  of  tuition  fund 

due  each  district 48 

to  notify  district  treasurer  of  amount  of  tuition  fund  due  each  district. .  48 

to  report  institute  fund  on  hand  to  state  superintendent  annually 61 

COUNTY  TREASURER 

to  return  to  state  treasurer  unpaid  state  tuition  fund 46,47 

pay  over  funds  to  district  treasurer,  when 49 

to  keep  account  with  school  coiporations 50 

to  collect  school  taxes 50 

fees  to 131 

COURSE  OF  STUDY 

to  be  prescribed  by  state  superintendent 24 

DAMAGES 

for  trespass  upon  school  lands,  how  collected 136 

collected  for  trespass,  to  be  paid  to  state  treasurer 137 

DEAF  AND  DUMB  ASYLUM 

who  may  receive  an  education  in HI 

county  assessors  to  report  names,  etc.,  of  deaf  and  dumb  persons  for 112 

account  for  cloth  ing  of  pupils,  how  collected 112 

transportation  of  indigent  persons  to,  how  paid 113 

how  located 20,  111 

management Ill 

organization  of  board— meetings m 

duties  of  board HI 

indebtedness  limited— per  diem  and  mileage 112 

fee  for  non-resident  pupils 112 

faculty— duties  of  principal— salary 113 

matron 114 

report  of  board 114 

compulsory  education  of  certain  children 63 

DEBT 

for  school  house  maybe  paid  by  bonds,  how 70 

limitof  ..,, , 18 


l6o  INDEX. 


DECISIONS 

county  superintendent   to  decide  all  school   matters  of  controversy 

arising  in  county 27 

appeal  from,  how  taken 27 

DECISIONS  OF  SUPREME  COURT 

school  districts,  power  to  vote  tax 142 

taxation,  contracts _• 142 

bonds,  estoppel 143 

teachers  not  having  certificate  cannot  collect  wages 143 

school  district  treasurer,  school  warrants,  when  not  valid 143 

DEPUTY 

county  superintendent  may  appoint 28,29 

DICTIONARY 

Webster's  unabridged,  to  be  furnished  by  district  board 40 

DIRECTORS 

election  of . 34 

vacancy  in  office  of,  how  filled 53 

penalty  for  neglect  of  duty  of 65 

terms  of  office  of 34 

to  take>nd  subscribe  to  oath  of  office 37 

to  constitute  district  school  board... 37 

necessary  for  a  quorum ;. 37 

meetings  of— fees  - 37 

one  to  be  chosen  president  of  board.. 37 

salary  of 37 

to  approve  district  treasurer's  bond— to  require  new  bond,  when. 38 

DISSOLVE 

special  district  may —how 76 

DISTRIBUTION 

of  supplies  by  county  superintendent 26 

DISTRICTS 

(See  School  District  and  Special  Districts.) 

DISTRICT  CLERK 

(See  Clerk  of  District.) 

DISTRICT  LIBRARIES 

information  to  be  furnished  by  state  superintendent  of  public  instruc- 
tion   23,  24 

district  school  board  may  purchase 40 

DISTRICT  SCHOOL  BOARD 

general  powers— power  to  establish  schools 40 

repairs,  fuel,  supplies,  furniture,  maps,  register,  district  library,  diction- 
ary, etc.,  to  be  furnished  by.. 40 

teachers,  how  employed— certificate  required  by  teacher— contract  to  be 

in  writing 41 

admission  of  pupils  from  other  districts,  when 41 

rules— suspension  of  pupils 41 

branches  of  study... , - --- 41 

tax  levy  to  be  notified  to  county  auditor 42 

school  houses  may  be  used  for  other  purposes  than  school,  when  and 

how ---  42 

school  houses  and  sites,  how  to  be  determined 42 

election  for  selection  of  site  and  erection  of  school  house 42 

real,  property  for  school  house  sites  how  obtained 43 


INDEX.  l6l 


DISTRICT  SCHOOL  BOARD— Continued. 

schools  to  be  organized  on  petition 43 

school  terms,,  how  arranged — when  school  may  be  discontinued 43 

additional  school  time,  when 44 

district  high  schools,  how  established - 44 

school  census— clerk's  annual  school  report,  wr-:.i  made 45 

clerk's  report  to  be  examined  by  board 45 

records  open  to  inspection 45 

onlylEnglish  language  to  be  taught 45 

vacancy  in  office  of  director  or  treasurer— how  filled 53 

vacancy  in  office  of  clerk— how  filled 53 

penalty  for  neglect  of  duty 65 

use  of  school  funds  for  private  use  an  embezzlement 65 

DISTRICT  SCHOOL  OFFICERS 

board  of  directors 37 

organization  of — clerk _ 37 

meetings  of  board— fees  of  members 37 

duties  of  president 37 

duties  of  clerk —compensation . _. 37 

treasurer's  bond,  how  approved— vacancy,  how  filled 38 

additional  bond  of  treasurer,  when  required 38 

school  funds,  how  paid  out 38 

warrants  to  be  indorsed,  when  funds  not  in  treasury  to  pay 38 

warrants — what  to  specify 39 

oaths  and  bpnds,  where  to  be  filed 39 

salary  of  school  treasurer.. 39 

prohibited  from  speculating  in  office 140 

penalty  for  failure  to  make  reports 140 

vacancies  in  office,  how  filled ... 53 

not  to  be  interested  in  contracts,  or  speculate  in  school  securities 65 

must  deliver  public  property  to  successors,  (see  Sec.  358,  Political  Code.) 

DISTRICT  TREASURER 

election  of 34 

vacancy  in  office  of,  how  filled 53 

penalty  for  neglect  of  duty  of 65 

not  to  use  school  funds  for  private  purposes.. 65 

penalty  for  failure  to  pay  over  funds  and  to  make  proper  indorsement 

on  unpaid  warrants ., 65,  66 

penalty  for  false  reports 66 

to  take  and  subscribe  to  oath  of  office 37 

to  give  bond— bond,  how  approved 38 

failure  to  give  additional  bond— vacates  office 38 

to  keep  accounts,  make  reports  and  pay  money  only  on  warrants 38 

to  indorse  warrants  when  there  are  no  funds  to  pay 38 

to  keep  separate  account  of  state  tuition  fund 46,  47 

accounts  of,  how  t  >  be  kept.. 48,  49 

to  make  reports  in  triplicate 49 

annual  report  in  triplicate 49 

DISTURBANCE 

of  public  schools..- 66 

DUTIES 

(See  Powers,  Rights  and  Duties.) 

DUTIES  OF  TEACHERS 

notice  of  opening  and  closing  school 59 

when  teacher  not  entitled  to  compensation 59 

S.   L. — 12, 


l62  INDEX. 


DUTIES  OF  TEACHERS— Continued. 

teacher's  register,  what  to  contain 59 

school  year  and  school  week  defined— holidays 59 

branches  t>  be  taught  in  public  schools 60 

teachers  required  to  attend  institute— penalty  for  failure  to  attend 60 

pupils  may  be  suspended  for  cause . 60 

assignment  of  studies  to  pupils 60 

Bible  not  sectarian  b  -ok,  may  be  read  by  teacher 61 

teacher  to  give  moral  instruction  to  pupils 61 

EDUCATION 

why  necessary 14 

ELECTION 

date  of  for  district  school  directors 34 

for  school,  treasurer 34 

terms  of  office  of  sch'  ol  officers 34 

first  election  in  any  district  to  be  arranged  for  by  county  superintendent  35 

qualifications  of  school  electors  and  school  officeis ± 35 

of  county  superintendent 35 

hours  polls  open— notices  of  annual  election 35 

judges  of  election 36 

votes,  how  canvassed 36 

certificates  of  election 36 

oath  of  school  officers 37 

of  boards  of  education  in  special  districts 72 

to  vote  bonds - 67 

notice  of  election  of  board 81 

election  precincts— canvass  of  returns 81 

certificates  of  election... - 82 

to  vote  bonds  in  special  districts 78 

notice  of  to  vote  bonds 67 

penalty  for  false  returns  of 65 

•     to  be  by  secret  ballot 14 

of  boards  of  education  in  special  districts 76 

of  state  superintendent 13,23 

in  case  of  a  tie  vote,  how  to  proceed 36 

notice  of,  for  board  in  independent  districts 81 

of  board  of  education  in  cities  working  under  special  charter 89 

ELECTION  PRECINCTS 

in  special  districts 

ELECTORS 

qualifications  of 14 

privileged  from  arrest,  when 14 

when  do  not  lose  residence 14 

certain  persons  who  are  not - 14 

who  entitled  to  vote - 14,  35 

EMBEZZLEMENT 

treasurer  guilty  of,  when ...  65 

ENABLING  ACT,  PROVISIONS  OF 

public  schools  to  be  provided  foi 9 

public  schools,  to  be  open  to  all  children 9 

public  schools,  to  be  free  from  sectarian  control 9 

sections  16  and  36  granted  for  support  of  common  schools —  9 

indemnity  lands  granted,  in  lieu  of  school  sections  taken 9 

mineral  lands -  11 

lands  in  Indian,  military  and  other  reservations,  not  granted 9 

lands  granted  for  educational  purposes  not  to  be  sold  for  less  than  $10  per 

acre...                                   9,10 


INDEX.  163 


ENABLING  ACT,  PROVISIONS  OF— Continued. 

lands  reserved  forschool  purposes  may  be  leased  under  certain  conditions  0,  10 

per  centum  of  proceeds  of  public  lands  granted  to  school  fund 10 

university,  lands  granted  for 10 

schools,  colleges  and  universities,  to  be  under  control  of  state 10 

sectarian  schools,  not  to  receive  any  proceeds  of  sale  of  lands 10 

agricultural  college,  lands  granted  for 10, 11 

school  of  mines,  lands  granted - 11 

reform  school,  lands  granted  for 11 

normal  school,  lands  granted  for 11 

capitol  building,  lands  granted  for 11 

educational  and  charitable  purposes,  lauds  granted  for 11 

lands  to  be  held,  appropriated  and  disposed  of  as  legislature  provides...  11 

mineral  lands,  exempted  from  grant 11 

lands  granted,  how  to  be  selected It 

ENDORSEMENT 

to  be  made  on  warrants  when  not  paid 88 

ENGLISH  LANGUAGE 

records  to  be  kept  in 45 

only,  to  be  taught  in  public  schools 45 

ENUMERATION 

of  children  of  school  age  in  special  districts 74 

of  children  in  district,  by  clerk,  when  to  be  made 45 

copy  of,  to  be  filed  in  clerk's  office  and  another  sent  county  superin- 
tendent   45 

EQUALIZATION 

of  debts  and  property  in  special  district 76 

EXAMINATIONS  AND  CERTIFICATES 

question  for  examination  of  applicants  for  teachers'  certificates 55 

professional  certificates,  who  entitled  to 55 

normal  certificates,  who  entitled  to 56 

fee  for  issuing  a  certificate— certificate,  how  revoked 56 

examination  of  teachers  by  county  superintendent 56 

teachers'  grades,  how  established 57 

re-examination  of  papers  by  state  superintendent,  when  allowed 57 

qualification  of  teachers 57 

fee  for  certificate— certificate  when  revokable 58 

in  proceedings  to  revoke  certificate,  teacher  given  opportunity  to  make 

defense 58 

examination  for  county  certificates,  when  held 56 

questions  and  rules  for,  prescribed  by  state  superintendent 24 

EXPENSES 

of  state  superintendent 25 

of  county  institutes,  how  paid 61,  62 

EXPERIMENT  STATION 

(See  Agricultural  College.) 

FEE 

for  examination  for  state  certificate 56 

for  examination  for  county  certificate 58 

for  re-examination  by  state  superintendent 57 

from  examination,  to  be  turned  over  to  county  treasurer  for  institute 

fund 27 

FEES 


(See  Salary  and  Fees.) 


164  INDEX. 


FINES,  FORFEITURES  AND  PENALTIES 

penalty  for  neglect  of  duty  of  school  director,  treasurer  or  clerk 65 

penalty  for  false  election  returns 65 

school  officers  not  to  be  interested  in  contracts  or  speculate  in  school 

securities 65 

use  of  school  funds  for  private  use  an  embezzlement 65 

penalty  for  failure  of  treasurer  to  pay  over 65,  66 

penalty  for  failure  to  make  proper  indorsement  on  warrant  as  required 

of  treasurer 66 

penalty  for  false  report  by  clerk  or  treasurer. '. 66 

penalty  for  willful  disturbance  of  public  schools 66 

proposals  for  contract,  violation  of  a  misdemeanor 66 

penalty  for  violating  compulsory  attendance  law 63,64 

fines  collected  under  article  relating  to  compuJsory  attendance  to  be 

paid  into  school  fvmd 64 

FLAGS 

purchase  of  by  school  board 91 

FORM 

of  notice  of  annual  school  district  election 35 

of  oath,  judges  and  clerks  of  election  to  take 36 

of  oath,  directors  and  treasurer  to  take - - 37 

of  clerk's  notice  of  tax  levy 51 

FORESTRY,  SCHOOL  OF 

where  located 20 

FORFEITURES 

(See  Fines,  Forfeitures  and  Penalties.) 

FREE  TEXT  BOOKS 

school  board  authorized  to  purchase,  when 90 

proposition  submitted  to  voters  at  annual  election 90 

petition  for  vote  to  adopt - 90 

FUEL 

to  be  supplied  by  district  board 40 

FURNITURE 

of  school  house,  to  be  furnished  by  district  board 40 

GOVERNOR 

member  of  the  board  of  university  and  school  lands 16,119 

to  issue  patents,  when 129 

ex-officio member  board  of  directorsfor  normal  schools 101 

GRADUATES 

of  state  university  entitled  to  certificates,  when 55,  56,  97,  98 

HAY 

on  rented  school  lands  not  to  be  cut  before  July  10 136 

HEALTH  AND  DECENCY  IN  PUBLIC  SCHOOLS 

duty  of  district  boards  and  boards  of  education 93 

HIGH  SCHOOL 

to  be  maintained  by  special  district  .. 

how  may  be  established  in  school  districts... 

how  much  school  session  required  in ...  44 

HIGH  SCHOOL  BOARD 

of  whom  composed 

classification  of  high  schools 

requirements  for  classification 92 


INDEX.  165 


HIGH  SCHOOL  BOARD— Continued. 

high  schools  to  be  visited 92 

members  serve  wi thou t  compensation 92 

discretionary  powers  of  board 92 

records  to  be  kept 92 

HOLIDAYS 

school  not  to  be  taught  on 59 

INDEPENDENT  SCHOOL  DISTRICTS 

organization  on  petition — notice  of  election 81 

ballots — returns 81 

board  of  education,  how  elected 82 

date  of  election— canvass,  etc. 82 

vacancies,  how  filled -  82 

powersof  board  of  education— meetings 82,83 

secretary  and  duties 83 

levy  of  tax— amount  of  tax  limited 83,84 

bonds,  authority  to  issue 84 

moneys,  how  paid  out— bond  of  treasurer 85 

school  funds,  how  kept 85 

general  powers  of  board... 85 

non-resident  pupils.. 87 

title  to  school  houses  and  sites 87 

real  property  how  conveyed 87 

report  of  city  treasurer 87 

city  council  to  pass  certain  ordinances 88 

forfeit  for  failure  to  serve  on  board  when  elected 88 

new  district  to  assume  debts  of  old  district 88 

method  of  disorganizing 89 

INDUSTRIAL  SCHOOL 

how  located 20, 116 

appointment  of  board— duties— bond 117 

fund— donations 117 

building— cost  of 117 

grantof  site— deed 118 

INSTITUTE 

how  noticed 60 

penalty  for  failure  to  attend 60 

county  institute  fund,  how  created 27,  61,  62 

state  institute  fund 62 

instit u te  cond uctors 62 

state  institute  fund,  how  paid  out 62 

appropriation  for,  by  county  commissioners 62 

rules  for,  to  be  prescribed  by  state  superintendent 24 

conductors  to  be  appointed  by  state  superintendent 24,  62 

state  superintendent  to  assist  at .' 25 

INSTITUTE  FUND 

how  raised 27 

INTEREST 

rate  of,  on  bonds 67 

rate  of,  on  warrants 38,39 

JUDGES  OF  ELECTION 

appointment  of 35 

JUDGMENT 

levy  of  tax  to  pay 51,52 


l66  INDEX. 


LEASE 

of  school  lands,  how  executed 135 

LEASING  OF  LANDS 

how  to  be  provided  for 17 

for  what  purpose  lands  may  be  leased 17 

advertised 133 

how^leased 134 

how  conducted.. 134 

adjournment  of 134 

approval  of 135 

LIBRARY 

appropriation  for  state  educational  library 91 

for  university 99 

LIGNITE  COAL 

public  institutions  to  use 118 

LIMIT 

of  issue  of  bonds 67 

of  indebtedness 18 

of  tax  levy  that  may  be  made 42 

LOAN 

of  muskets  to  university 99 

MAPS 

to  be  furnished  by  district  board 40 

to  be  furnished  to  assessors  by  county  superintendent  of  schools 

MAXIMUM  TAX  LEVY 

for  final  judgment 51,52 

to  pay  equalized  indebtedness . 52 

for  all  school  purposes7. 50 

MEETINGS 

county  superintendent  to  arrange  for,  with  school  officers 

of  board  of  education  in  special  districts.- - 72 

of  district  school  board 37 

of  state  superintendent  with  county  superintendents 24 

MILEAGE 

of  "county  superintendent - - 29 

MORAL  INSTRUCTION 

to  be  given  all  pupils - 61 

NAME 

of  school  district - 32 

of  special  district '. 71 

NEGOTIATION 

of  bonds,  how  may  be  made - 69 

NEW  DISTRICTS 

how  formed 31 

NORMAL  CERTIFICATES 

._ ._*_ 56 

NORMAL  SCHOOL  BOARDS 

state  superintendent  of  public  instruction  ex-officio  member  of 23 


INDEX.  167 


NORMAL  SCHOOLS 

location - - 19,20,  101 

endowment -- - 101 

land  grant 11,  19,20 

government  and  management - 101 

board  of  trustees 101 

meetings  of  board — officers . 102 

compensation - 102 

funds,  how  kept 102 

accounts,  how  audited  and  paid .. 102 

courseof  study '. 102 

direction  of  expenditures. 102, 103 

powers  and  duties  of  board  of  management.. 103 

report 103 

employment  of  faculty 103 

faculty,  dutiesof 103 

duty  of  principal ...• . 103 

reports 104 

diplomas— state  certificates,  etc 104 

NOTICE 

of  election  to  vote  bonds 67 

of  election  in  special  districts.. 78 

of  annual  district  election 35 

of  tax  levy,  to  be  sent  county  auditor  by  district  clerk 42 

of  election,  to  vote  upon  erection  or  removal  of  a  school  house 42 

of  tax  levy,  by  clerk 51 

OATH 

county  superintendent  has  power  to  administer 27 

of  office,  to  betaken  by  members  of  board  of  education 78,111 

to  be  taken  by  judges  and  clerks  of  election 36 

judges  and  clerks  of  election,  have  power  to  administer,  when 36 

of  office,  to  be  taken  by  directors  and  treasurer 37 

of  district  officers,  where  to  be  filed 39 

OFFICE 

of  state  superintendent,  where  to  be  held 13 

of  county  superintendent  to  be  provided  by  county  commissioners 28 

expenses  of,  to  be  paid  by  county 28,  29 

OFFICERS 

(See  District  School  Officers.) 

ORAL  INSTRUCTION 

to  be  given  in  physiology  and  hygiene,  and  effects  of  alcoholic  drinks..  60 

ORGANIZATION 

of  new  school  district,  how  made 31 

of  special  district 70 

of  board  of  education 72 

of  district  school  boards,  how  effected 37 

of  schools,  by  district  board 40,43 

PENALTY 

for  failure  of  treasurer  to  give  additional  bonds 38 

for  failure  to  make  proper  indorsement  on  unpaid  warrants .66 

for  willful  disturbance  of  public  schools 66 

for  not  sending  children  to  school 63,  64 

president  of  board,  for  not  prosecuting 64 

for  employing  any  children  between  8  and  14  years  of  age 64 

of  school  officers  for  neglect  of  duty 65 

for  false  election  returns.. 65 


168  INDEX. 


PENALTY— Continued. 

of  treasurer  for  failure  to  pay  over  funds 65,  66 

for  removing  school  house  furniture 42 

for  trespass  upon  school  lands r  136 

(See  Fines,  Forfeitures  and  Penalties.) 

PERMANENT  SCHOOL  FUND 

what  constitutes  permanent  school  fund. 9,10,  15 

to  remain  inviolate 15 

state  to  make  good  losses  of 15 

interest  and  income  of,  to  be  apportioned  to  common  schools. 15, 16 

how  to  be  invested 18 

PETITION 

of  one-third  of  voters  required  to  call  meeting  to  vote  bonds-.. 67 

of  residents  fora  new  school  district , 30,  31 

for  special  district _. 71 

for  the  erection  of  a  school  house 42 

fora  school,  by  parents  or  guardians 43 

for  vote  to  adopt  free  textbooks 90 

PHYSIOLOGY  AND  HYGIENE 

to  be  taught  to  all  pupils : 60 

PLATS 

of  county  to  be  made  by  county  auditor 34 

POLLING  PLACES 

how  established - - 35 

when  open 35 

POWERS,  RIGHTS  AND  DUTIES 

of  school  corporations — 34 

of  special  districts 71 

of  board  of  education  in  special  districts 73 

of  district  board  to  furnish  schools 40 

of  district  board  to  furnish  supplies  to  schools 40 

of  district  board  to  employ  teachers 41 

of  district  to  admit  pupils  from  other  districts 41 

of  district  board  to  make  rules 41 

of  district  board  to  determine  branches  of  study 41 

of  district  board  to  levy  tax 42 

of  district  board  to  have  charge  of  school  house 42 

PROFESSIONAL  CERTIFICATE 

55 

PROPERTY 

minimum  of  in  school  district 31 

subject  to  taxation  in  special  districts. ...  75 

PUBLIC  INSTITUTIONS 

location  of - --  19 

grantsof  land  to 19,20 

similar  ones  not  to  be  located,  except  by  revision  of  constitution 20 

PUBLIC  LANDS 

proceeds  from  sale  of,  to  make  permanent  school  fund 15 

PUBLIC  SCHOOLS 

to  be  provided 

to  be  open  to  all  children 

to  be  free  from  sectarian  control ....,,,.„„„.,„ „  9 


INDEX.  169 


PUBLIC  SCHOOLS-Continued. 

provision  to  be  made  for,  by  legislative  assembly 15 

to  be  free  from  the  primary  to  the  collegiate  course 15 

what  instruction  to  be  given  in 15 

PUPILS 

when  may  be  suspended.. 41,60 

assignmentof  studies  to - 60 

may  be  sent  to  a  school  out  of  the  district,  when 41 

QUALIFICATIONS 

of  state  superintendent 13,  23 

of  county  superintendent 29 

of  voters  and  school  officers 35 

of  teachers 57,  58 

QUESTIONS 

for  examinations,  prepared  by  state  superintendent 24,  55 

QUORUM 

of  board  of  education  in  special  districts 72 

of  district  school  board,  necessary  for  transaction  of  business 37 

READING  CIRCLES 

fee  for  professional  and  normal  certificates,  to  be  used  for 56 

duties  of  county  superintendent  in  relation  thereto 26,27 

REAL  PROPERTY 

of  school  district,  how  chosen  and  obtained... 42,43 

RECORD 

of  bonds  to  be  kept  by  clerk 67 

of  cancelled  bonds  to  be  kept  by  clerk 69 

of  visits  to  schools,  and  all  official  acts  to  be  kept  by  county  super- 

intendent..-- 26,27 

RECORDS 

to  be  preserved  and  open  to  inspection 45 

to  be  kept  in  English  language 45 

to  be  preserved  by  state  superintendent 23 

to  be  kept  by  county  superintendent .- o27 

REGISTERS 

to  be  furnished  by  state  department 24,40 

teachers  to  keep  .- 59 

RENT 

of  school  lands,  how  paid 134, 135 

REPAIRS 

of  school  houses  to  be  made  by  district  board 40 

REPORT 

teacher  to  make,  in  duplicate,  at  end  of  term 59 

teacher's,  one  copy  be  filed  with  district  clerk,  one  to  be  sent  to  county 

superintendent 59 

county  superintendent  to  make  to  state  superintendent,  when 28 

clerk  of  board  of  education  to  make,  of  enumerat  ion 45 

to  be  made  by  special  districts,  when 74 

clerk  of  district  to  make  to  county  superintendent  annually 45 

clerk's  annual  to  be  examined  by  district  board 45 

copies  of  district  clerk's  to  be  filed  in  his  office  and  another  to  be  sent  to 

county  superintendent - 45 

to  be  preserved  for  examination,  how.-- 45 

state  superintendent  to  make,  when 25 

of  state  superintendent,  to  be  printed,  when,  and  distributed,  how 25 

of  district  treasurer,  when  to  be  made 48,  49 

county  superintendent  to  report  institute  fund  on  hand 61 

RETURNS 

how  canvassed  in  special  districts 77 

of  votes  at  annual  elections,  how  made 36 

S.    L.— 13. 


INDEX. 


REVOCATION 

of  state  certificate 56 

of  county  certificate 58 

when  county  superintendent  should  revoke  certificate 28 

RIGHTS 

(See  Powers,  Rights  and  Duties.) 

RULES 

board  to  assist  teacher  in  making 41 

pertaining  to  appeals  to  be  prescribed  by  state  superintendent  of  public 

instruction 24 

for  management  of  academy  of  science. 106 

for  management  of  agricultural  college 109 

SALARY  AND  FEES 

of  state  superintendent 13,25 

of  county  superintendent 28,  29 

of  county  superintendent  in  leasing  and  sale  of  school  lands 28 

of  school  directors — 37 

of  district  olerk 37 

of  school  treasurer.. 39 

for  leasing  school  lands 124, 126 

SALE  OF  SCHOOL  LANDS 

how  made 124, 125 

lands  to  be  designated  for 124 

hours  for 124 

terms  of 125 

expenses,  how  paid. J22 

advertisement  of 124 

when  void.... 126,128 

SATURDAY 

teacher  not  to  be  permitted  to  teach  on 59 

SCHOOLS 

management  of,  by  district  board 40 

to  be  established  by  district  board 40 

who  may  be  employed  to  teach  in 41 

when  pupils  may  be  suspended  from 41 

pupils  from  other  districts  may  be  admitted  to,  when 41 

what  branches  of  study  to  be  taught  in 41,  60 

when  new  schools  must  be  organized 43 

terms  of,  how  arranged— additional  terms,  when  allowed... 43,44 

when  may  be  discontinued 43,  44 

general  supervision  of,  by  state  superintendent ^. 23 

supervision  of  by  county  superintendent 26 

(See  Public  Schools  and  Common  Schools.) 

SCHOOL  AGE 

what  is — 63 

SCHOOL  BOARD 

(See  District  School  Board.) 

SCHOOL  CALENDAR 

148 

SCHOOL  DISTRICTS 

what  shal  1  constitute  district  school  corporation 30 

boundaries  of  school  district  to  conform  with  civil  township,  where 

possible - - 30 

what  territory  may  be  organized  into  district  school  corporations 30,  31 

new  school  districts,  how  formed 31 

when  school  districts  may  be  divided  and  attached  to  other  districts 31 

how  district  system  may  be  changed  to  township,  when —  31 

parts  of  three  or  more  districts  may  be  consolidated  into  a  separate  school 

district..  31 


INDEX. 


SCHOOL  DISTRICTS-Continued. 

when  oivil  township  may  consolidate  into  school  district 32 

name  of  school  district 32 

boundaries  of  district  (in  district  counties),  how  to  be  arranged  and 

established 32,  Si 

boundaries,  how  changed  in  future  33 

rights  and  powers  of  school  corporations 34 

plats  of  school  districts  to  be  flled 34 

state  tuition  fund  to  be  apportioned  to,  how 48 

bonds,  how  may  be  issued.. 66,  67 

prohibited  from  making  certain  gifts  and  loans 19 

SCHOOL  FUNDS 

state  tuition  fund,  how  raised.. 46 

county  treasurer  to  report  to  state  auditor 4(5 

state  superintendent  to  apportion  state  tuition  fund  to  counties 46 

funds  defined 47 

funds  controlled  and  paid  out  by  district  treasurer 47 

county  treasurer  to  furnish  state  auditor  statement 47 

apportionment  of  funds  by  county  superintendent 48 

treasurer's  accounts,  how  kept 47,48 

county  treasurer  to  pay  over  funds  to  district  treasurer,  when 49 

to  keep  account  with  school  corporation 50 

not  to  be  loaned  or  used  for  any  private  purpose 65 

permanent  school  fund. 9, 10, 15,  46 

SCHOOL  HOUSES 

proposals  for  building 69 

bonds  may  be  voted  to  meet  indebtedness  for 70 

when  may  be  used  for  other  than  school  purposes 42 

sites  for,  how  selected  and  obtained 42,  43 

when  may  be  built «. 42 

when  may  be  moved 42 

SCHOOL  LANDS 

how  may  be  sold  and  leased : * 9, 10, 15 

to  be  disposed  of  as  legislature  provides 11 

terms  on  which  to  be  sold. 16 

when  to  be  subject  to  taxation 17 

how  to  be  advertised  for  sale 17 

patent  for,  when  to  issue 17 

when  may  be  sold 17 

claims  for  improvements  on,  not  to  be  recognized 18 

(See  University  and  School  Lands.) 
(See  Trespass  upon  School  Lands.) 

SCHOOL  LIBRARY 

(See  Library.) 

SCHOOL  LAW 

when  to  be  printed.. 24 

SCHOOL  OF  MINES 

lands  granted  for 11, 19 

where  located 19 

SCHOOL  WEEK 

defined 59 

SCHOOL  YEAR 

defined 59 

SEAL 

state  superintendent  to  have 24 

SECRETARY  OF  STATE 

member  of  board  of  university  and  school  lands 16,119 


1 72  INDEX. 


SECTARIAN 

Bible  not  deemed— reading  of  optional  with  pupil 61 

public  schools  to  be  free  from  the  control  of 9,15 

schools  not  to  receive  public  money 15 

schools  not  to  receive  proceeds  of  sale  of  lands. 10 

SETTLEMENT 

district  board  to  make  annually  with  treasurer 48,49 

SITE 

for  school  house,  how  selected 42 

may  be  taken  without  consent  of  owner,  how.-  ..,.. 43 

SPECIAL  DISTRICTS 

entitled  to  proportion  state  tuition  fund 48 

what  cities  governed  by  the  provisions  ol 70 

how  organ  ized 71 

election  of  board  of  education .. 72 

terms  of  office  of  board,  quorum 72 

meetings  of  board 72 

members  not  to  be  interested  in  school  contracts 72 

annual  and  special  meetings  of  the  board. 72 

organization  of  the  board 72 

duties  of  president 72 

duties  of  clerk 73 

powersand  dutiesof  board 73 

board  to  make  reports. 74 

moneys  to  be  paid  over  to  treasurer  of  district 74 

supei  vision  of  schools  of  special  district  — 74 

taxable  property — 75 

annual  school  tax  levy,  to  be  made  by  board  of  education 75 

expenditures— contracts,  how  to  be  made.. 75 

treasurer  of  district,  who  shall  be 75 

duties  of  treasurer,  bond  required  of —  75 

equalization  of  school  debts  and  property 76 

when  special  district  may  dissolve 76 

election  of  boards  of  education  in  special  districts 76 

when  adjacent  territory  may  be  added  to  special  district 70 

name  and  power  of  special  district 71 

conveyance  of  property  to,  how 71 

notice  of  election,  precincts— canvass  of  returns,  how  made.. 77 

certificates  of  election 77 

vacancies,  how  filled— oath — .-.. —  78 

bonds,  how  and  when  maybe  issued 78 

bond  election,  what  bonds  to  specify .  -  - 78,  79 

tax  levy  for  interest  and  sinking  fund 79 

investment  of  sinking  fund 

interest  of  bonds,  how  paid— security  for  bonds,  what. 79 

bond  register - 80 

power  of  board  to  issue  bonds  to  refund  outstanding  bonds 80 

unused  funds  may  be  transferred ."..  80 

(See  Independent  School  Districts.) 

SPECIAL  LAWS 

passage  of  by  legislature  prohibited 13 

what  special  laws  in  force  and  effect. .  139 

SPECIAL  MEETINGS 

of  board  of  education  in  special  districts 

SPECULATION 

in  office  prohibited - 140 


INDEX.  173 


STATE  AUDITOR 

member  of  the  board  of  university  and  school  lands Hi,  u<» 

to  certify  state  tuition  fund  to  state  superintendent 40 

to  pay  bills  of  institute  conductors,  when 62 

to  issue  warrants  for  expenses  of  board  of  university  and  school  land  - . .  122, 138 
STATE'S  ATTORNEYS 

to  report  trespassers  upon  school  lands  and  prosecute  same 137 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 
(See  Superintendent  of  Public  Instruction.) 

STATE  TREASURER 

to  demand  of  county  treasurers  state  tuition  fund 46 

to  forward  apportionment  of  state  tuition  fund  to  county  treasurers 46,  47 

duties  of,  in  relation  to  state  tuition  fund 46,  47 

member  of  board  of  trustees -«.. : 105 

custodian  of  funds  for  academy  of  science  107 

custodian  of  funds  derived  from  sale  and  lease  of  university  and  school 

lands 121 

duties  of,  in  relation  to  funds  of  normal  schools 102 

STATE  TUITION  FUND 

how  acquired .15, 16,  46 

to  be  apportioned  to  common  schools. -.. 16 

special  districts  entitled  to  their  proportion  of 48 

how  apportioned 46,  48 

amount  in  county  treasury  to  be  reported  to  state  auditor 46 

defined .         47 

certain  taxes  to  be  added  to  51 

to  be  used  only  in  payment  of  teachers'  wages 47 

in  case  insufficient  to  pay  teachers'  wages 47 

in  case  more  than  sufficient  to  pay  teachers'  wages 47 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

election,  qualification,  term  of  office 13,23 

to  preserve  miscellaneous  document^ 23 

ex-officio  member  of  the  board  of  university  and  school  lands.. 23,  119 

ex-officio  member  state  normal  school  boards 23 

to  furnish  school  supplies. 23 

to  prepare  teachers'  certificates,  questions  for  examination,  etc 24 

to  prepare  and  prescribe  course  of  study  for  public  schools 24 

to  prescribe  rules  for  teachers'  institutes,  appoint  conductors,  etc 24 

to  advise  county  superintendents,  decide  appeals,  etc 24 

record  of  official  acts 24 

school  laws  to  be  printed 24 

conference  with  county  superintendents 24 

seal 24 

to  assist  at  teachers'  institutes. 25 

biennial  report,  what  to  contain,  number  and  distribution  of.. 25 

salary  and  traveling  expenses 25 

duties  in  relation  to  plats  of  school  districts 34 

vacancy,  how  filled 53 

to  prepare  examination  questions 55 

re-examination  of  papers  of  applicants  for  county  certificates,  when 57 

duties  of,  in  relation  to  institutes.. 61,  62 

to  apportion  state  tuition  fund  to  counties 46 

to  apportion  expenses  of  county  conductors  of  institutes 61 

ex-officio  member  of  board  of  directors  for  normal  schools 101 

office  of^where  to  be  held 13 

salary  of 13,25 

to  furnish  registers  and  blanks 40 

to  approve  bills  of  institute  conductors,  when 62 

to  prescribe  rules  and  regulations  pertaining  to  appeals. ..  24 

member  of  board  of  trustees 105 

secretary  of  board  of  university  and  school  lands 23,  119 


174  INDEX. 


SUPERINTENDENT  OF  SCHOOLS 

(See  County  Superintendent  of  Schools.) 

SUPREME  COURT 

(See  Decisions  of  Supreme  Court.) 

SUSPENSION  OF  PUPILS 

when  may  be  allowed 41,  60 

TAXES 

school  taxes,  how  and  when  collected 50,  51 

levy  to  be  made  by  school  board 42,  50 

notice  of  levy  to  be  sent  to  county  auditor  by  district  clerk 51 

county  auditor's  duty  in  relation  thereto 51 

how  levied... 51 

maximum  levy  for  final  judgment,  taxes  to  be  uniform 51 

statement  of  assessed  valuation,  to  be  made  by  assessor 52 

adjustment  of  indebtedness  of  district  in  case  of  illegal  board,  or  of 

failure  to  elect  board 52 

equalization  to  be  arrived  at  by  arbitration 54 

to  equalize  and  pay  previous  debt 54 

maximum  tax  for  all  sch  ol  purposes 55 

to  meet  indebtedness,  to  be  assessed  before  debt  incurred 19 

in  special  district,  annual  levy  of,  to  be  made  by  board 75 

to  be  levied  by  school  board,  when. 42 

may  be  levied  by  board  in  independent  school  districts 83,  84 

TAXATION 

when  school  lands  to  be  subject  to 17, 130 

TEACHERS 

duty  of  in  relation  to  reading  circles' 26,  27 

examination  for  professional  or  normal  certificate 55,  56 

examination  for  county  certificate 56 

qualifications  of. 57,58 

residence  and  citizenship 58 

given  opportunity  to  make  defense  in  proceedings  to  revoke  certificate  58 

to  give  notice  of  opening  and  closing  school 59 

not  entitled  to  compensation  when  teaching  without  a  certificate 59 

may  teach  six  weeks  after  certificate  has  expired  by  its  own  limitation  59 

to  keep  a  register  and  make  report  at  close  of  term 59 

last  month's  wages  not  to  be  paid  until  term  report  is  made 59 

required  to  attend  county  institute 60 

how  employed - 41 

contract  with,  to  be  in  writing.. 41 

when  may  be  dismissed ----  41 

relatives  of  board  ineligible  in  certain  cities - 89 

(See  Duties  of  Teachers.) 

TERM  OF  OFFICE 

of  county  superintendent - 

of  board  of  education  in  special  districts — 

of  directors. 34 

of  district  treasurer 34 

of  superintendent  of  public  instruction 23 

TERMS  OF  SCHOOL 

length  required .- 

additional  time,  when  allowed -  44 

TEXT  BOOKS 

(See  Free  Text  Books.) 

TIMBER 

on  school  lands,  not  to  be  destroyed - 135 


INDEX.  175 


TOWN  OR  VILLAGE 

how  may  be  consolidated  into  one  district 31 

TREASURER 

(See  District  Treasurer.) 

TREASURER  OF  SPECIAL  DISTRICT 

to  receive  moneys  belonging  to  the  district - 74 

who  shall  be 75 

duties  of 75 

required  to  give  bond... - 75 

TREASURER  OF  INDEPENDENT  DISTRICTS 

custodian  of  moneys,  and  general  duties 85 

bond... 85 

TRESPASS  UPON  SCHOOL  LANDS 

penalty  for ...  .    136,137 

who  held  to  be  guilty  of - 136 

duties  of  state's  attorneys 137 

duty  of  attorney  general 137 

property  to  be  seized... 137 

defense  and  suits 137 

damages*  for 137 

UNCULTIVATED  LANDS 

not  to  be  broken  by  lessee 135 

UNIVERSITY  AND  SCHOOL  LANDS,  LEASE  AND  SALE  OF 

board  of,  how  constituted 119 

authority 120 

meetings  of  board 120 

authority  to  invest  funds ? 120 

records  of 121 

state  treasurer  custodian  of  funds 121 

state  treasurer  to  collect  moneys... 121 

term  "of  office  of  commissioner 122 

appraisal  for  sale 123 

selecting  for  sale 124 

advertisement  of.. 124 

manner  of 124 

terms  of 125 

adjournment  of . ... 125 

withdrawn  lands 125 

approval  of  sale 125, 126 

execution  of  contracts  of 126 

void  sales 126,128 

surveys  of 126 

subdivision  into  small  tracts 127 

new  appraisal 127 

map  of 127 

contract,  effect  of 127 

assignee  of  purchasers 127 

sale  void  on  failure  to  pay  interest,  principal  or  taxes 128 

redemption  before  re-sale 128 

fee  in  state  until  patents  are  issued — 129 

reconveyance  to  United  States 129 

patents,  when  to  Issue 129 

patents  to  be  recorded 130 

taxation  of  lands  sold 130 

duty  of  county  auditor 130, 131 

duty  of  county  treasurer.. 130,131 

commissioner  to  furnish  county  treasurer  with  list  of  lands  sold 131 

township  assessors  to  examine  lands : 132 


176  INDEX. 


UNIVERSITY  AND  SCHOOL  LANDS,  LEASE  AND  SALE  OF— Continued. 

quantity  of  lands  to  be  sold.. . _.  i32 

subject  to  lease 132 

appraisement  for  lease 132 

selection  of  lands  for  lease 133 

advertisement  for  lease.- .- 133 

manner  of  leasing 134 

deposit  by  bidders,  forfeit  on  failure  to  pay 134 

adjournment  of  lease 134 

approval  of  lease  and  execution  of  contract  for 135 

lessee  not  to  destroj'  timber 135 

lessee  not  to  break  uncultivated  lands. 135 

hay  not  to  be  cut  before  July  10th 136 

perm  its  to  cut  hay  and  to  remove  dead  and  down  timber.. 136 

board  to  appoint  agents 136 

civil  action  for  trespass 136 

willful  trespass 136 

penalty  for  trespass — 136 

defense  and  suits 137 

expenses  for  advertising  for  lease  and  sale... 137 

appropriation  for  expenses  of  board... 138 

UNIVERSITY  OF  NORTH  DAKOTA 

where  located 19,94 

lands  granted  for 10,11 

board  of  trustees,  how  appointed 94 

powers  and  duties— meetings. 94,95 

report — powers  of  trustees 95,  96 

powers  of  president  and  faculty 96 

object  and  departments  of  university 96 

course  of  instruction 97 

pupils  who  may  become 97 

tuition  fees... 98 

compensation  of  trustees 98 

law  library  for 99 

loan  of  muskets  for 99 

Scandinavian  language  taught 97 

VACANCIES 

in  office  of  superintendent  of  public  instruction,  how  filled 53 

county  superintendent,  how  filled 53 

director,  how  filled -  53 

district  treasurer,  how  filled 38,53 

district  clerk,  how  filled 

in  board  of  education,  iu  special  districts,  how  filled 78 

in  treasurer's  office,  when 38 

VISITATION  OF  SCHOOLS 

by  county  superintendent 

by  members  of  board  of  education,  in  independent  districts 86 

VOTES 

how  canvassed  at  annual  election 

WARRANTS 

when  properly  drawn/to  be  paid  by  treasurer 

to  be  endorsed,  how— when  not  paid — — 

what  to  specify 39 

WOMEN 

entitled  to  vote,  when 

qualified  to  vote  and  hold  school  office - 35 


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THIS  BOOK  ON  THE  DATE  DUE.  THE  PENALTY 
WILL  INCREASE  TO  SO  CENTS  ON  THE  FOURTH 
DAY  AND  TO  $1.OO  ON  THE  SEVENTH  DAY 
OVERDUE. 


JUL  22  '9: 


LD  21-100m-8,'34 


YC  06578 


3G5406 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


